Caltex claimed that by inserting tables and chairs in entrance of the van and permitting numerous automobiles to park there, Glenny Kebabs posed a security danger. The positioning, Caltex additionally argued, isn’t authorised to be used as a restaurant.
However Mr Syed took Caltex to the Victorian Civil and Administrative Tribunal final week and received an injunction, which allowed him to re-open.
“I wanted to reopen and the primary factor was the workers. We’ve bought 28 workers who must work so, till we open, they didn’t have an revenue,” he mentioned.
His lawyer Mark Sehler, from Armour Authorized, mentioned Caltex took over the lease on the website final yr, however hadn’t raised any points till they started issuing breach notices referring to the chairs and parking late this yr.
“Primarily, they have been punishing our consumer for working a profitable enterprise,” Mr Sehler mentioned.
“It is a nice win and early Christmas current for Glenny Kebabs.”
Identified for its halal snack packs and reductions for college kids (Mr Syed’s personal highschool nickname was ‘kebab’ as a result of he ate one every single day), Glenny Kebabs developed considerably of a cult following within the south-east.
“We stepped away out of your typical kebab store expertise. We don’t have late evening drunks right here. We don’t have troublemakers on this space anyhow…the meals is clearly distinctive as nicely,” Mr Syed mentioned.
But it surely’s not all easy, doner kebab spinning forward for Mr Syed, 29. He mentioned the situations now in place – so no extra tables and chairs and solely two areas for parking – are too restrictive so he’ll search for a brand new website.
“We will’t have that vibe right here anymore. The environment is what made us, so we’re hoping that’s not what breaks us both,” he mentioned.
And a closing choice continues to be to be made by VCAT as nicely, wherein the tribunal will rule in February on whether or not Glenny Kebabs is working beneath a lease or licence.
His attorneys have argued it operates like a lease, due to this fact Mr Syed has rights and small enterprise house owners like him can’t be shut-out so all of a sudden.
His is just not the primary kebab van to come across authorized issues.
The well-known Brunswick City Corridor Kebab on Sydney Street, as soon as visited by movie star chef Anthony Bourdain, was evicted in September after the land it was parked on was purchased by the Anglican church who deliberate to develop a group area.