A London restaurant faces a £2.5million penalty after operating an unauthorised kitchen extraction fan for nearly a decade.
Meze Mangal in Lewisham installed the £50,000 ventilation system in 2014 following complaints from residents about cooking odours entering their properties.
The establishment's proprietors, brothers Ahmet and Sahin Gok, failed to secure planning consent for a small supporting structure required for the extraction equipment at the rear of their premises.
The financial penalty refers to profits the restaurant allegedly earned whilst breaching planning regulations, calculated under legislation typically reserved for serious organised criminal enterprises.
The ventilation equipment was fitted after a resident raised concerns about kitchen fumes drifting into their property, according to the restaurant owners.
The brothers maintain the installation successfully addressed the neighbour's grievances, eliminating the odour issues that had prompted the initial complaint.
Lewisham Council launched an inquiry into the unauthorised structure and reported that the proprietors had agreed to dismantle the extraction system following an unsuccessful planning appeal in 2019.
The restaurant continued operating with the equipment in place, however, as the owners believed it had resolved the neighbourhood dispute.
Meze Mangal in Lewisham installed the fan
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This decision prompted the local authority to initiate legal proceedings against the establishment for the ongoing planning violation.
The brothers assert they were informed in 2020 that proceedings had been discontinued, only for the case to be revived subsequently.
They failed to appear at a court hearing three years later, which they attribute to caring for their seriously unwell father who subsequently passed away.
Their absence resulted in a conviction, enabling the council to pursue confiscation proceedings under the Proceeds of Crime Act.
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Lewisham Council are at war with the restaurant
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Under the legislation authorities are permitted to recover profits generated during periods of regulatory non-compliance.
The brothers claim their passports were confiscated and they were classified as potential flight risks, whilst their business banking facilities were suspended.
However, the initial £2.5million calculation may be subject to reduction through the appeals process.
The Gok brothers have launched an online appeal that has generated more than £13,000 within seven days to support their legal challenge.
Sahin Gok expressed gratitude for the community response, stating: "Every single donation, message of encouragement, and act of support has given us hope, strength, and renewed determination during this incredibly challenging time."
He urged supporters to lobby the council, adding: "What we need now is pressure on Lewisham Council to drop the POCA charges against us."
The local authority maintains it attempted informal resolution before resorting to prosecution as a final measure.
Council representatives conducted a site visit last month, providing guidance on installing a compliant replacement system.
A Lewisham Council spokesman told the Standard that the court ordered the confiscation of the passports "because the defendants did not turn up at hearing" and it had "no involvement" in that aspect of the case.
The town hall also insisted that the £2.5million penalty was "guided by the rules set out in the Proceeds of Crime Act” and not by the council.
The spokesman added: "We always try to resolve cases informally, and prosecution is an absolute last resort.
"This has been a long running case since neighbours complained about the smoke, noise and smells from the restaurant before 2018.
"In 2019 the restaurant owners said they would remove the extraction system once their planning appeal had been dismissed.
"However, the restaurant continues to operate with the illegal extractor eight years after this case was opened.
"Had the extraction system been removed at any point during that time then no further action would have been necessary. We are open to working with the restaurant to resolve the planning breach.
"Last month, we carried out a site inspection with the owners and offered advice on steps required to put a new system in place.
"The Proceeds of Crime Act has arisen because they have been found guilty by the court of a criminal offence.
"Our priority now is to ensure this matter is resolved as quickly as possible and we remain committed to working with the restaurant owners."