Lewisham restaurant owners are facing a £2.5m criminal fine or a 14-year jail sentence over an unauthorised extractor fan.
The family-run Turkish restaurant, open for more than 20 years, first received a complaint from a neighbour about cooking smells and smoke before 2018.
Meze Mangal owners Ahmet and Sahin Gok, aged 59 and 57 respectively, installed an extraction fan to address the problem but failed to obtain planning permission for the small support structure required for ventilation.
According to Lewisham Council, the pair said they would remove the extraction fan in 2019 once their planning appeal had been dismissed.
The council says the fan remains in place eight years later.
Jack Wiscombe, 29, a former neighbor of Meze Mangal, said: “I never had a problem with smell, smoke, or noise coming from the restaurant.
“Living next to the business never bothered me or impacted my own standard of living.”
The brothers told the Londoners they were mistakenly told the offences had been dropped by the council in January 2020.
Three years later, the brothers missed a court hearing while caring for their ill father, who later died, and were convicted in their absence.
Family spokesperson John Paul Morgan said: “Lewisham used to be known as the borough of sanctuary.
“But it is now the borough of sanction.
“The family are incredibly grateful for the public support during this incredibly challenging time.”
The council is now pursuing a proceeds of crime prosecution, a law usually used to crack down on serious organised crime. This allows the council to seize the profits the restaurant has made while it has been in breach of planning laws.
On Monday, Simon Hoare MP brought the issue before Parliament, expressing concerns to Secretary of State Steve Reed about how local councils are applying the legislation.
The two brothers will appear in Woolwich Crown Court on 24 October for a mention hearing before a judge.
If they fail to pay the £2.5m fine, which could be reduced during an appeal, the pair face up to 14 years in prison.
The Goks claimed they were deemed a ‘flight risk’ and had their passports seized and their business account frozen.
A spokesperson from Lewisham Council said: “The Proceeds of Crime Act (POCA) has arisen because they have been found guilty by the Court of a criminal offence.
“The Court ordered confiscation of passports because the defendants did not turn up at Court hearings.
“We remain committed to working with the restaurant owners to resolve the matter as quickly as possible.”
The family moved to London in the 1980s and have grandchildren in Lewisham schools.
John Paul Morgan has started a fundraising campaign which has raised almost £20,000 in under two weeks.
Featured image: Brothers Ahmet and Sahin Gok standing outside their Lewisham Restaurant. Credit: John Paul Morgan, The Big Retort
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