Small businesses say “complete lack of intervention” to deal with restaurant

Small businesses say "complete lack of intervention" to deal with restaurant

Rhi Storer - Local Democracy Reporter | Tuesday 21st June 2022 3:25pm

Small businesses who operate in Sparkbrook say there is a “complete lack of intervention” to deal with customers who visit a grill restaurant. 

Owners of businesses at the Montgomery Street business centre, a co-operative, say their livelihoods are being damaged by both unaccounted customers and “extortionate” rent fees. 

The comments were heard at a licensing committee meeting this week at Birmingham city council, to determine if the restaurant, Taqi's Grill, can operate until the early hours of the morning. 

Taqi's Grill, located in on Montogomery Street, currently operates from midday until 2am Monday to Thursday, and until 3am from Friday to Sunday.

The restaurant applied for a premises licence in April this year. The restaurant wished to sell late-night refreshments from 11pm to 4am every day of the week. 

But Salah Bakeel Abdul-Rahman, the applicant, and West Midlands police, agreed to change the drink serving times to 11pm until 1am indoors Monday to Thursday, and 2am as takeaway or delivery only. On Friday to Sunday, the premises would operate from 11pm until 2am indoors, and 3am as takeaway or delivery only. 

West Midlands police say they had no objections to the grill and its trading hours. 

But the council's own planning department listed an objection to the grill, alleging the restaurant “does not appear to have permission for use as a hot food takeaway” and was already under investigation by the council's planning enforcement team.

Five objections from traders who occupy businesses near to the restaurant were raised before the hearing. 

One trader, who did not list their name, claimed each morning they picked up 'discarded fast-food wrappers and cartons', and claimed to have seen evidence of 'drug use' associated with or around the premises. 

Another trader who works within the Montgomery Street business centre claimed vehicles belonging to customers of Taqi's Grill had blocked the entrance to their workshop. 

In a letter they stated: “If this criminal damage is linked to the clientele of the grill, or the grill and the applicant then this reflects very badly on the applicant. Failure to show due care and responsibility for the well-being of the site and the safety of its tenants is something to be taken very seriously with this application. 

“I do not have any faith in the applicant being able to account for the behaviour of customers and other unaccounted people on the site.”

The business also noted groups of people congregating on their premises would invalidate their business insurance. “If I suffer a break-in or a theft, my insurance will not cover my costs and damages because the site is not secure at night. This is a material breach of my contract and that of other tenants on the site,” they added. 

Russell George, a health and safety consultant, claimed the business was operating well. 

“It sits in a business park. There's been concerns about the front entrance gate being unlocked, but again, I think these need to be directed towards the landlord, which they have done already and the landlord has rejected those.

“The takeaway is limited in size and mainly operates on JustEat. It's kept in a clean state. Most of the litter pick is done at the end of the night.

“I've looked at some of the objections there. And a lot seems to be relating to daytime activities, children. There are schools opposite but they are a nursery, a primary school so there's no unaccompanied children on site.”

Mr George said dedicated security would be at the premise to address antisocial behaviour. “We will have someone who's dedicated with a high vis, who's going to be monitoring that kind of footfall.” 

Alex McDonagh, one of the directors for Montogomery Street business centre, said none of the co-operatives concerns had been addressed by Birmingham city council. 

Over the last three years since the council have tried to sell off the site, we've not received the services that we pay for. And you know, the site has CCTV, we have fly-tipping coming in, we have instances of antisocial behaviour. That's all recorded on CCTV, and none of it gets pursued. 

“We are not against Taqi's Grill operating as a cafe, it's doing really well. It's really successful. It's just the customers accessing the gate and coming in the business sector and the disruption that's causing to us.”

Mr McDonagh claimed it was “other people” entering the business site that was a problem for traders who have safety concerns. 

“It's an indictment, a shocking indictment of the poor management of the site by Birmingham Property Services”, he said. “I really questioned the site's insurance capacity for that and that could become quite a big legal issue for the landlords and the council, if something really drastic happens.”
 

During the licensing meeting, Mr Mc Donagh said he and other directors had tried to speak to Mr Abdul-Rahman, but did not receive a response. 

He added: “It's not high street. It's not a shopping precinct. It does not have the capacity for lots of cars and customers and other people to access the site. And [the people] don't just pick up food and leave, they stay there. 

“As tenants we have 24 hour access […] If I invited 10 of my friends down, it's just not reasonable. Why would I do that? It would impact on my other neighbours. We are neighbours. We work together.

“It's really important that we get along and we're respectful as neighbours of one another. What doesn't help is there is there seems to be complete lack of intervention from our landlords.

 I'll repeat it's a shocking indictment that its got to this. The whole site has  CCTV with HD and we pay an exorbitant amount of money for security for management fees, believe it or not, and the site is not effectively managed. 

“There's a yawning tip of rubbish. We haven't had our rubbish collected since last Friday. It was the hottest day of the year. Nothing's being done when we get charged £19,000 pounds a year for waste collection.

“I've got lots of members the coop complaining about that. It's just not acceptable,” he added.

A decision on the licence application for Taqi's Grill will be publicised by Birmingham city council this week. 

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