Residents near a Chaiiwala cafe in Old Trafford have won their battle to prevent its boss extending its opening hours after it was revealed the outlet was already operating beyond the outlet’s permitted times.

They have complained of excessively noisy extraction units, unpleasant smells, litter, illegal parking, people urinating in an alley, bins obstructing residents and blocked drains caused by cooking fat being poured away.

Chaiiwala on Ayres Road was applying for its permitted opening hours to be extended from 8am to 10.30pm daily, instead of 12noon to 10.30pm.

But councillors on Trafford’s planning and development management committee were told by the boss of the cafe, Mohammed Afsar that it was already opening from 8am.

Members of the committee were told by planning officers that although Chaiiwala was operating in breach of its existing planning conditions, they were not allowed under law to take that into consideration when deciding whether or not to allow the extension of opening hours.

However, newly-elected ward councillors for Old Trafford Coun Emma Hirst and Coun Sophie Taylor delivered powerful opposition to the application to the committee on behalf of nearby residents.

Coun Hirst said: “Chaiiwala is an international brand, with branches throughout the world, selling fast food and various. It is extremely popular and the food is delicious.

“The Ayres Road branch is glamorous, especially compared to its neighbours, but notably for a totally refitted pseudo modern building, it has no disabled access and no toilet at all.”

She said it was listed as a ‘hot food takeaway’, but is actually a ‘large 20-seat cafe with a busy delivery trade with numerous people driving to the area to collect their takeaways’.

“Unfortunately,” she continued, “local people and businesses are the victims of its success.

“They have been unanimous in their dismay at the effects Chaiiwala has had on them – excessively noisy extraction untis, unpleasant smells, litter, illegal parking, people urinating in alley, bins obstruction residents, blocked drains are all themes of the objections sent in to the planning portal.”

She said the 12noon opening times ‘at least gives some respite in the morning’. But extending opening hours would mean residents ‘face the daily disruption from the moment they wake up’.

Coun Hirst continued: “Chaiiwala’s planning [consent] allows it to open from 12noon. For about two years it has been opening from 8am – even advertising this brazenly on the door.

“I counted five delivery drivers and four families entering Chaiiwala within 40 minutes last Sunday morning.”

Coun Taylor added: “Chaiiwala has not adhered to planning permissions previously granted and this should not be overlooked or excused. Granting planning permission to formally extend its opening hours will only exacerbate and deepen the problems we have highlighted.”

Boss of the Chaiiwala, Tayyab Akhlaq addressed the meeting and said: “This is the first time I’ve heard a lot of these comments.

“Our first staff member gets to the shop at 7.15 [daily] and it takes about 45 minutes to prepare the business ready for trade at 8am.

“I live a couple of miles away from the store. I know the area and I have lots of family and friends in the ward. I’ve been in business for 20 years and employed over 1,000 people and not once have I had any issues regarding employment. I’ve always looked after my customers, my staff and suppliers.

“I’m also a non-executive director at Lancashrie Cricket Club and I do a lot of work in terms of bringing women’s and girls as well as bringing people from disadvantaged backgrounds into cricket.

“A lot of what I’ve just heard goes completely against what I stand for. Chaiiwala has got 83 stores in the UK. I’ve got six other cafes in Greater Manchester.”

Responding, Coun David Acton said: “The case that’s been put forward by the councillors is quite strong.

“Clearly, the nearby residents feel that this business is actually disadvantaging them and that has to be addressed.

“There’s a reason why there were time limits put on the initial application and the owners of the business don’t do their case any good whatsoever when the ignore their existing conditions because it bodes really badly, quite frankly.

“It has been ignored for 20 months, which is a long time for residents to have to put up with.”

And turning to Mr Akhlaq he said: “You say your staff have to turn up early to open up to put breakfasts on. But you shouldn’t have been opening at all.”

He said he wouldn’t support the recommendation from the council’s officers to approve the application.

It was down on the grounds of the adverse effect on residents’ amenity due to the noise from extraction fans.