Edinburgh restaurants: Popular Leith restaurant Sabzi 'repeatedly' in breach of opening hours

Edinburgh restaurant owners could face court action if they continue to breach allowed opening hours.

A popular Edinburgh restaurant which appeared on TV has been told to stop opening past its permitted hours or risk being taken to court. Sabzi in Leith was served a breach notice on Monday, April 24, after an investigation found it was ‘repeatedly’ opening later than its allowed hours of 8pm, against its planning conditions.

Council officials said they had heard reports from 16 neighbouring residents and three from representatives of the community council about alleged disturbance arising from the opening hours of the business after 8pm. The business has 28 days to comply with the notice of breach or face court action.

It was found by officers that customers have remained on the premises beyond 9pm “on many occasions since May 2022, including the use of outdoor tables and chair during the summer”. A report said owners were advised and replied they would make sure they closed by 8pm. Concerns were also raised about tables and chairs outside on the pavement. But the restaurant has a current and valid table and chairs permit which allows furniture to be placed on the pavement immediately adjacent to the premises from 9am to 9pm every day.

Sabzi restaurant on Ferry Road, Leith

It comes after their application to open to 11pm was refused on grounds of "potential nuisance" along with concerns about noise and smells affecting neighbouring residents. An appeal made to the Scottish Government was dismissed. A year prior Sabzi tried and applied for the same license and was rejected. There was a similar number of local objections.

One local resident said: "If Sabzi are going to ignore their current license as it stands are residents just to put up and shut up? Sabzi never had a late operating license in the first place. They also decided to plough on with their desired business model to open late before getting the permission. It is welcome that on occasion the council listens to and upholds the status quo to protect the rights, concerns and amenity of local residents. Anyone trying to report to the council frequent breaches of opening hours are entitled to do so.”

During a public consultation, 33 objections were lodged while 428 supported the application. Among the concerns were claims of illegal and dangerous parking and loading due to double yellow lines at a junction which is used as parking by takeaway customers. Others said extending the opening hours would pave the way for increased commercial activity and claimed this would undermine the residential character of the Victoria Park Conservation Area.

Stevie, who runs the restaurant with his mum, dad and brothers previously branded the council response to their application ‘disgusting’.

A council spokesperson said: “Statutory enforcement action is being taken due to complaints about the opening hours of the premises.”

Stevie Singh from Sabzi said: “We do sometimes open to maybe 8.15 but we are just allowing customers a bit of time to finish up meals and pay their bills. There are two takeaways, a pub and a chippy nearby. Yet we’ve been told by council we are not ‘suitable’ for the area. We’ve gone to local councillors and MSPs for support. They’ve come in and eaten here but not replied to our requests for help.”

Owners of popular Leith restaurant Sabzi hit out at council after later opening refused