A churros company director is to face trial, accused of “failing to abate” the smell of cooking the Spanish-style treat.
Richard Wilmot, boss of a Stirling fried-snacks-and-ice-cream shop, is accused of allowing “the smell arising from cooking fumes” to come out of a grille on the rear wall of the shop, ChurrosnChill in Borestone Crescent, St Ninians, Stirling, thereby “causing a significant nuisance” to people living in a flat above.
It is alleged that despite being served by Stirling Council with an abatement notice, Wilmot, 31, “failed to abate said nuisance and prevent its recurrence”.
At a preliminary hearing at Stirling Sheriff Court, Wilmot, of Airdrie, North Lanarkshire, director of ChurrosnChill Ltd, pleaded not guilty to annoying the occupants of the flat, named in court papers as Don and Carol Ann Richie, by not complying with the notice, contrary to the 1990 Environment Protection Act.
Solicitor Virgil Crawford, defending, said: “It’s something of an unusual charge.”
Summary Sheriff Rory Bannerman ordered Wilmot to return to court for trial on November 10.