Chinese restaurant facing closure after top judge complains about smell

The Summer Palace could be closed following complaints from Lord Justice Sir Gary Hickinbottom and Lady Georgina Caroline Hickinbottom (Picture: UPPA/Photoshot)

A popular Chinese restaurant could be closed after a top judge complained about the smells that came from the kitchen.

Lord Justice Sir Gary Hickinbottom and his wife Lady Georgina Caroline Hickinbottom have lodged complaints with Cardiff Council after the aroma from The Summer Palace wafted into their £525,000 home.

The restaurant, which overlooks the historic grounds of Llanfaff Cathedral in Cardiff, is at risk of shutting down, after enforcement officers from Cardiff Council upheld their complaint.

Managers at the restaurant – which has a five star food hygiene rating – installed a new extractor fan to help the situation.

However, owners failed to get proper permission and now face prosecution for failing to comply with an abatement notice.

Restaurant manager Wai Chim is due to appear at Cardiff Magistrates Court on Thursday over alleged breaches of environmental health law.

Lord Justice Hickinbottom, 64, who also owns a property in south west London, was appointed to the Privy Council in 2017.

The top judge has sat on many important cases (Picture: UPPA/Photoshot)

The Summer Palace has a popular Cantonese menu and overlooks the historic grounds of Llandaff Cathedral in Cardiff

He was appointed as Lord Justice of Appeal and has sat on many high profile cases including the challenge to the third runway at Heathrow Airport.

Some locals have slammed the couple’s decision to report their concerns and pledged to save The Summer Palace.

Conservative Councillor Sean Driscoll said: ‘It’s a bit like buying a house next to a train station then complaining about the noise from the trains. Or next to a farmyard then complain about the smell from animals.

‘What is next, are they going to complain to the Cathedral about the sound of the church bells?

‘This situation is absolutely unbelievable. The Summer Palace have bent over backwards to mitigate against this issue.

‘We are happy to work with the parties to find a solution so hopefully common sense will prevail.’

Another neighbour, who asked not to be named, added: ‘If you come to live next to a Chinese restaurant it’s ridiculous that you should not expect smells.

Some locals are fighting against the potential closure (Picture: Wales News Service)

‘Mr Chim has spent £19,857 on trying to placate them and apparently it still isn’t enough. He wants time to investigate in what way the extractor could be improved and time to install it. He is very sympathetic.

‘We get noise and smells too but it is transitory – it’s there for a small while then blows away in the wind.

‘We are very lucky to live here and they are very lucky to live there and it’s really sad that they have decided not to be neighbourly.

‘There is a general sense of outrage in the community that they could cause so much pain for everyone.’

In a letter to the court, Mr Driscoll and fellow Conservative councillor Philippa Hill John said: “We recognise everyone has the right to the quiet peaceful enjoyment of their home, whether it is their main home or second home.

‘If a compliant is made it is also right that these complaints are investigated as the council are duty bound to do so.

‘Mr Chim has already spent tens of thousands of pound to mitigate the problem. His concern is will spending additional funds to be compliant ever satisfy the complainant.

‘We have already lost three banks and some good businesses, so the threat of losing Summer Palace in this way is unwelcome but also devastating for Mr Chim and his family.

‘Mr Chim and his family have worked hard for decades to establish their business in Llandaff.

‘It is a vibrant High Street and the Summer Palace is a vital part of its continued success. The local support for Mr Chim from the community has been incredible.

‘There is a solution to this and we intend to work with Mr Chim to find an outcome that is acceptable to all.’

The councillors have asked for Thursday’s hearing be adjourned so the case can be resolved outside of court.

Marian Tylk, stewardess of Llandaff Institute, added that it would be ‘absolutely devastating’ if the restaurant was forced to close.

She said: ‘It would be devastating, absolutely devastating. It would be a real shame, I’m getting quite upset about it, they’re a family too – it’s awful.

‘The village is dying. What’s happening with the Chinese is heartbreaking, devastating. Even if you go past there now at lunch time you can see how busy it is, everyone loves it.’

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