Restaurant owner fights to save outdoor smoker after council ban notice

A Sydney restaurant owner is steaming mad after a council slapped a ban notice on the venue’s outdoor barbecue smoker in response to complaints about environmental impacts, food smells and air quality.

Restaurant owner Mehdi Moaddab with the barbecue smoker. Picture: Sam Ruttyn

The owner of a Sydney restaurant is embroiled in a red tape battle with his local council after being ordered to remove an outdoor barbecue due to “environmental” and air quality concerns.

Complaints from neighbours about “food smells” and “noise” have prompted Hornsby Shire Council to crack down on the Smoke Shack restaurant in Mount Colah over claims the venue’s low-and-slow cooking method is in breach of council planning laws.

The smokehouse opened in the northern Sydney suburb earlier this year and has already gained a dedicated following of diners, who flock for its smoke-filled flavours.

The restaurant has a menu specialising in briskets, burgers, ribs and snags – all items prepared on an outdoor smoker installed near the venue’s main entrance.

But owner Mehdi Moaddab has now been told by the council he must remove the cooker by this week and faces the threat of fines or potential court action if the direction is not followed.

Mehdi Moaddab, pictured alongside the outdoor smoker.

The order follows the council slapping the restaurant with a “stop use order” over the smoker, arguing its use was in breach of the venue’s conditions of approval to trade.

Mr Moaddab – who spent $12,000 installing the cooking equipment – said the ban could “cripple” the restaurant.

“They’re saying if we don’t remove the smoker it’s a criminal offence and they can take me to court, and it’s all because we one person complaining about the smoke and food smells,” he said.

The smoker is set up outside the business’s entrance.

“I’ve spent thousands of dollars trying to address the council’s concerns, including hiring a town planner, commissioning $4000 for air quality reports, $3000 for acoustic report, $3000 for surveys and $4000 for traffic engineers.

“I’ve put everything into the business and the council should be helping small business, not hindering us.”

Hornsby Shire Council said in a statement the use of the smoker did not have the required planning approval and was the cause of “environmental impacts”, including “smoke” and cooking odour”.

The Smoke Shack opened earlier this year.

Council compliance officers have also inspected the restaurant, where they claimed “significant smoke” was seen emanating from the premises during a visit in May.

A council spokeswoman said: “In addition, the use of the smoker does not comply with the relevant standards for food preparation.”

Mr Moaddab believes the smoker has overwhelming community support and is calling on the council to reconsider its position.

The smoker has generated complaints from some members of the public.

A photo of some of the restaurant’s smoke-infused menu items.

“The smoker isn’t hurting anyone – it’s far away from neighbours and because it uses wood and smoke, it’s not like cooking charcoal chicken. There isn’t any impact on air quality,” he said.

“When I’m cooking, the smell is beautiful.

“We have a smaller smoker inside, but it isn’t big enough for our customers.

A photo taken by council inspectors appearing to show smoke emanating from the smoker in May.

“All our customers want to see the business continue.”

The Daily Telegraph understands the council has received five complaints from members of the public relating to the smoker.

Mr Moaddab has started a petition opposing the council order.

To date, it has attracted the signatures of more than 270 people.