Edinburgh city centre chip shop Castle Rock's bid to extend opening hours to 2am rejected after locals object

Castle Rock Fish and Chips at 87 Grassmarket applied to the council in November to extend its current opening hours from 11am-midnight to include a later closing time by operating from 11am until 2am the next day.

They were hoping to extend the opening hours from 12pm midnight until 1.45am for last orders and a 15 minute grace period to 2am.

However, the council’s planning department knocked back the request on February 7, citing an increase late night noise and activity to the detriment of neighbouring residents, adding that the plans would “erode living conditions and have a detrimental impact on neighbouring residential amenity”.

The council’s chief planning officer David Givan said: “Whilst Grassmarket attracts a significant pattern of activity throughout the day and into the late night, the pattern of activity is constrained within the late night premises accommodating patrons.

“Irrespective of these other premises operating beyond midnight, the extension of operation hours of this hot food takeaway would allow for individuals to remain within the area and congregate outside the tenement building during the early hours of the morning. Accordingly, this would exacerbate and erode the existing level of residential amenity.

“This proposal would result in an increase in noise, disturbance and on street activity, to the detriment of living conditions of nearby residents.”

The Castle Rock chip shop at 87 Grassmarket, Edinburgh. | Google Maps

Since 1994, six applications have previously been made to extend the opening hours of this Grassmarket takeaway, all of which have been refused on the grounds that associated noise and disturbance would be detrimental to residential amenity.

Despite the previous objections, Castle Rock’s owners were confident of approval this time.

In their latest application to the council, they stated: “On this occasion and due to working with neighbours and other local businesses we will have the written support of the neighbours directly above the premises and above that, effectively the two flats on top of the property, and the ones that are most likely to see any effects from noise etc.

“We will also have the support of other local traders and like minded operators.

“Since we last appeared at the licensing sub committee there has been no record of any complaints to the council other than operating beyond permitted hours, and this has been dealt with properly by management.”

They also suggested a trial period for extending the hours at the Grassmarket chippy, giving concerned local residents the chance to raise concerns with the council and police during the trial period.

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The opening hours extension bid received three objections and three notes of support on the council’s online planning portal.

One objector said: “I live right next door to chip shop, the noise and mess coming from this property is atrocious, no help from anyone to stop this.

“My close joins onto it, right now at present the close is full of food and rubbish all coming from chip shop, no one from either council or chip shop even attempting to clean it, causing an absolute nightmare of a situation as a resident living in this mucky bucket of a place.

“I go out, especially after the night in the morning with my dogs to my close being full of a variety of chip shop food, vomit and urine all on my doorstep, it's vile and embarrassing when I have visitors.

“I personally shouldn't have to live like this, I've been here 29 years and it wasn't like this when I first moved here, there is no help whatsoever from council or owners of the chip shop keeping the area clean.”

While one local resident supporting the opening hours extension said: “I live very close by and rubbish and noise issues identified previously are exaggerated, and if planning for the extended period was to be granted and any serious issues do arise in future it is very simple to object to the late hours licencing period for the establishment and complain accordingly.

“As pubs and clubs are open very late in the immediate vicinity, the idea of giving the food offering on the way home should be supported by the planners for the simple reason this helps to clear the area far more quickly, as in other tourist cities Europe-wide!”

The site is a hot food takeaway on the ground floor of a four storey tenement in the Grassmarket, located on the corner of Cowgatehead and adjacent to Warden's Close, with residential properties on the upper floors.

The area is characterised by commercial uses at ground floor level, including public houses, retail and class three uses, and residential uses on the floors above.