A takeaway owner kept his shop open past its closing time because he feared anti-social behaviour from drunk and rowdy customers.
Mohammed Arif was only permitted to keep the Atlantis Takeaway in Holmfirth open until 1.30am.
But Kirklees Council licensing officers observed the premises still open and serving customers after this time.
The court heard that the shop’s windows had previously been smashed.
Arif was fearful of the repercussions of not handing over food to the crowds of hungry customers who would gather there after leaving nearby pubs.
His solicitor said: “He feels he would have difficulties with drunk people who want some chips.”
The 50-year-old pleaded guilty to carrying on an unauthorised licensable activity at Kirklees Magistrates’ Court.
The court was told that he has owned the Hollowgate takeaway for 16 years.
It is based in Holmfirth town centre and surrounded by bars that stay open late.
Arif is permitted to trade up until 1.30am but in November 2014 the council’s licensing team was informed that he was operating beyond these hours.
He was written to and advised to either ensure that customers were not served beyond this time or apply to extend his trading hours.
Hamza Soren, prosecuting on behalf of Kirklees Council, said: “He didn’t heed this advice and there were further complaints of anti-social behaviour in the town centre in the early mornings and weekends.
“This was specifically related to trading beyond the permitted hours.”
Late on September 18 Kirklees licensing enforcement officers visited the premises.
Mr Soren said: “At 1.41 hours and 1.47 hours they observed that the premises was open and trading beyond the permitted hours.
“There were 10 to 15 customers in the shop with a large gathering of members of the public outside, many with pizzas and plates of chips.”
Emily Price, mitigating, said that her client found himself in a vulnerable position at 1am when people were leaving the surrounding bars in drink.
She said: “He was having difficulties ensuring that customers who were in drink were leaving the shop at closing time.
“He was given the opportunity of extending his hours but was reluctant to do that.
“He feels he would have had the same difficulties with drunk people who want some chips at an even more unsociable hour.”
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Miss Price added: “His windows were smashed on November 28 last year when he refused to serve food to customers.
“He accepts he hasn’t complied with the terms of the licence but he is trying to conduct his business as best he can.”
She said that one of the problems was that people could still see staff inside cleaning up after closing time and would bang on the windows demanding food.
She added that Arif had applied for shutters to make it more secure but this had been refused by Kirklees.
He now displays signs banning customers from entering after 1.15am.
Magistrates fined him £280 and ordered him to pay £257.73 costs and £28 victim surcharge.
