A TAKEAWAY boss has been ordered to do a daily litter pick outside his shop, after being refused the right to serve hot food into the early hours.

Ali G's on Tower Street, York, has become the first of the city's 161 fast-food outlets to secure a premises license - but lost its bid to stay open later.

The business applied to extend its hours until 1am from Monday to Thursday; 3am on Friday and Saturday; and midnight on Sunday.

But residents lodged five letters with the council, expressing concerns about litter, noise, and drunk revellers hanging around.

Licensing officials at City of York Council turned down the application, after noting the concerns and hearing that Ali G's current hours are restricted by planning conditions.

They also imposed extra conditions on the new licence, including an order for the front of the premises to be cleared and cleaned every day.

After the hearing, licensing officer John Lacy said the committee's steps to curb litter problems were "ground-breaking" - punishable by six months in prison or a fine if breached.

Afterwards owner Ali Gurgur vowed to appeal, stressing he was vigilant about clearing away litter. He said: "I clear all the rubbish myself after finishing work. Other kebab shops close at 2am or 3am. It is not my fault that people go there and then drop litter near my business."

The decision means that Ali G's will only be able to operate from 4pm to 11pm on Monday to Thursday and on Sunday; and from 4pm to midnight on Friday and Saturday.

Winifred Derbyshire, a local resident, who spoke against the application at the meeting told members that the 60 residents nearby accepted daytime noise as a consequence of city centre living.

But she said: "We do not accept that we should be disturbed after we go to bed.

"No matter how well they control people in and around the shop, food will be taken away to be eaten on the Castle mound, in the park and on the landing stages, all outside houses."

Calling for takeaways to mark containers so the source of any litter could be identified, she added: "Ali G wants to stay open later to increase trade, and this is bound to increase litter. There are other takeaways causing problems, but two wrongs don't make a right."

Under new regulations all venues must have a premises license to be able to serve late night refreshments from November 24. The deadline for applications to be processed in time is September 29.

Updated: 10:29 Saturday, September 24, 2005