THE OWNER of a popular Irvine takeaway has been given a final warning to throw away his frying pan – or face criminal prosecution.

Council planners have agreed to serve an enforcement notice on GetFed in Caldon Road, demanding they immediately cease the preparation and sale of hot food and remove all their cooking equipment.

The takeaway has been doing a roaring trade in bacon rolls, burgers and chips since opening in 2013 in premises previously occupied by a butcher shop.

However, under local planning rules, the premises is only permitted use to sell cold food and it wasn’t long before complaints about GetFed were received from members of the public, arguing there are already enough hot food takeaways in the area as it is.

Despite repeated warnings, owner David McIlroy has provoked the ire of councillors for continuing to sell hot food without their permission.

As reported by the Times in January, an application for planning permission to continue selling the likes of burgers and chips was flatly refused.

A subsequent appeal against the decision was dismissed in May, after which the owners were advised, in writing, to cease the hot food takeaway use and remove all cooking equipment within 14 days.

However, an inspection of GetFed on July 1 revealed that hot filled rolls and other items were still on the menu, with cooking equipment still on site.

Craig Hatton, NAC’s corporate director of development and environment said: “The occupier indicated that it was intended to continue the use and submit a further application for planning permission, which would address the previous reasons for refusal. “To date, no such application has been received.” Last week, members of the council’s planning committee agreed to serve GetFed with an enforcement notice, requiring the owners to “cease the hot-food takeaway use of the property and remove the deep-fat fryers, oven, hotplate/griddle, grills and all other cooking equipment which facilitate the use.” While an appeal against an enforcement notice can be made to the Scottish Government, non-compliance is an offence for which those responsible can be reported to the Procurator Fiscal.

GetFed owner Mr McIlroy declined an invitation to comment.