SOME York late-night takeaways are "sticking two fingers up" at residents and the council by ignoring restrictions on opening hours, a city councillor has claimed.

Licensing bosses have been asked to investigate ways of forcing food outlets to close at the correct time after a series of complaints about noise, nuisance and litter.

Under a new Government Act that comes into power late next year, businesses will need a licence that will more effectively restrict opening hours.

The move is designed to prevent crime and disorder that is associated with late-night takeaways, improve public safety, reduce nuisance and to protect children.

But Councillor Brian Watson, who represents York city centre, said November 2005 is "too late" and long-suffering residents should not have to wait any longer.

He said council enforcement officers were "struggling" to monitor the large number of food premises in the city that served the popular drinking scene. Adam Hewitt, who works as a scrutiny officer for the council, said a new staff member had been employed to work out of hours, and whose responsibilities would include making sure the new Act was followed.

Mr Watson said: "We have turned down some applications for takeaway planning permission because it seems that some people will not stick to the rules. People are complaining about noise and nuisance at 3am and it's too much for some residents in busy parts of the city.

"I would welcome the Act, but why do we have to wait until then? It seems that some operators are waving two fingers at officers."

In a report to the Environment and Scrutiny Board, which was meeting today, Mr Hewitt said that the council's options were limited until the new Act comes into force.

He said that although there were no specific laws that restricted opening times of food takeaways, the planning permission system allowed the council to apply measures.

He said that under a separate legislation the council could apply for a closing order on businesses causing an "unreasonable disturbance", but this could not be before midnight or after 5am.

Updated: 10:10 Wednesday, September 08, 2004