A family-run South London restaurant facing a multi-million pound fine for installing an extractor fan without permission has raised almost £20,000 in its bid to fight back.
Turkish restaurant Meze Mangal has been issued with a £2.5million Confiscation Order under the Proceeds of Crime Act (POCA) after it installed a new extractor system without obtaining planning permission from Lewisham Council.
A POCA is often used to crack down on serious organised crime or individuals committing crimes such as fraud or money laundering, taking back profits from illegal activities.
A Lewisham Council spokesperson said their decision to pursue a Confiscation Order "came from the importance of discouraging criminal offending". They went on to say a court determines whether one is appropriate and will also decide on the amount.
Restaurant owners, Ahmet and Sahin Gok, are just £500 away from hitting their £20,000 fundraising target, which will go towards legal expenses and challenging the POCA claim as well as protecting their staff's jobs.
The brothers say they decided to install a £50,000 extraction system at their restaurant on Lewisham Way after a neighbour had complained about cooking smells and noise coming from the kitchen.
According to a GoFundMe page which has been set up on behalf of the brothers, they had applied for planning permission but it was refused by the council. They kept the extractor fan in place because they believed "it was more important to keep peace with their neighbours and maintain the restaurant's reputation".
A Lewisham Council spokesperson said as far back as 2019, Ahmet and Sahin said they would remove the extraction system once their planning appeal was dismissed but failed to do so and did not make a proposal for an alternative system.
The brothers thought the case had been dropped in 2020, but three years later they claim they were given one day's notice to attend a court hearing. The brothers failed to show up to the court hearing, which they said was because of the medical needs of their ill father, who later died.
The court proceeded with the hearing, which saw their business bank account frozen and their passports seized. Their GoFundMe page said: "*many Lewisham councillors, staff, and even the Mayor herself have regularly eaten, drunk, and held events at Meze Mangal. The restaurant has been a gathering place for the very same council that is now trying to destroy it.
"Now, that same council is demanding an unbelievable £2.5million Confiscation Order in so-called 'criminal profits'. For an extractor fan. For a restaurant that has served this community for over two decades."
At the time of writing (October 20), a total of £19,499 has been donated to support the brothers' legal fight.
A Lewisham Council spokesperson said the crown court judge's decision to seize the brothers' passports was because of their "repeated failures to attend court or comply with court directions".
The council spokesperson said: "We want to make it very clear, the council has always been open and committed to working with the owners to resolve the issue of unlawful works affecting the lives of local residents.
"Unfortunately, the owners have chosen not to engage with us or make any proposal to comply with the law. Most planning enforcement cases are resolved informally, with prosecutions only brought when necessary. These unlawful works have been in place for over seven years, during which the council has received complaints from neighbours about smoke, noise and odour."
They added: "The claim that the council is using the POCA process to address the council's financial deficit is false and not supported by evidence. The owners have only recently and after failing to comply with multiple previous court directions provided additional evidence about their finances.
“All of that information will be considered by the court. A Confiscation Order is only made for proportionate amount that a defendant can afford to pay."
They went on to state: "In respect of the ongoing position the council hopes that the owners will choose to work with us to resolve matters."
