Two Worthing takeaway owners have spoken out against injunctions which could force them to close at midnight.
Worthing Borough Council won injunctions against the Star Takeaway in Victoria Road and Charcoal Grill in Broadwater Road.
However, the rulings are subject to the outcome of a public hearing under the Human Rights Act.
That hearing, in which the council plans to deal with four takeaways which it says have breached planning conditions, is seen as a test case in the town.
It follows a long-running battle over opening hours. The council says letting takeaways open late will disturb people who live nearby.
Star owner Erol Davutt said: "The business is my livelihood and if I am forced to close at midnight I would not be able to survive.
"The more kebab shops which are allowed to open late, the less trouble there will be. The shops separate people leaving clubs and pubs."
Several other takeaways are allowed to stay open as late as they want because they opened before planning restrictions were put in place 15 years ago.
Mr Davutt said: "The pizza shop one door down from me is allowed to open all night. The rules should be fair and square."
Charcoal Grill owner Luttfu Kzilcay said: "I don't get many drunk people coming into my shop and there is no trouble. If I am forced to close early I may not be able to carry on with my business."
Worthing Taxi Association has pledged to support the takeaways.
Secretary Jason McCardle said: "We actually find them helpful as they stagger the rush for taxis.
"People sober up and are more happy when they have some food inside them.
"The takeaways also give our drivers a chance to eat when they are working nights."
Borough councillor Ailsa Stuart said the late-night opening had been a thorn in the side of residents for years.
She declared: "The shops are hot spots for noise, vandalism and disorder. Shop windows have been smashed and residents cannot sleep because of the noise."
Worthing Borough Council sought the injunction after repeated successful prosecutions in the magistrates' courts over several years.
Corporate lawyer Richard Iliffe said: "We do have some sympathy with the takeaway owners but we have to balance with this with the good of the town."
Mr Iliffe said injunctions were the only way forward.
He said: "The cases are likely to go to public hearing as part of a general concern by the council about late-night eateries.
"The two takeaways have been allowed to stay open because of the amount of prejudice claimed by the owners. We have a duty to let them stay open because of the Human Rights Act."
The four takeaways involved are the Star, Charcoal Grill, and Uncle Jim's and Eaters Paradise, both in Teville Road.
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