Mayor adviser taken to court

One of Ken Livingstone's key advisers is being prosecuted for being a noisy neighbour.

Kumar Murshid, who advises the Mayor on regeneration, has been charged with noise offences by Westminster Council after neighbours complained about the din from his restaurant in Covent Garden.

Those living next door to the Tale of India, at the back of the Garrick Club on New Row, say a noisy ventilator has given them sleepless nights for more than two years. They say that not only has Mr Murshid ignored complaints, but he has twice failed to turn up at court to answer charges.

The matter is highly embarrassing for Mr Livingstone, who has pledged a major curb on noise pollution.

Today John Bos, co-ordinator of the Covent Garden Community Association, said: "Mr Murshid has avoided all our attempts to get something done about the noise. It is a matter of concern that someone who is one of Ken's close advisers can behave like this."

Mr Murshid, a Tower Hamlets councillor and son of a senior Bangladeshi diplomat, is chair of the National Assembly Against Racism, the Youth Action Scheme and the Isle of Dogs Community Association. He sits on the Met Police's lay race advisory panel and is considered one of London's leading Asian figures.

News of the case emerged only when two of Mr Livingstone's colleagues went on a fact-finding mission about noise levels in the West End on Friday and learned that one of the most persistent culprits was the Mayor's adviser. Worst affected was Tanja Howarth, 65, a literary agent who lives above the restaurant. She has recently had surgery for cancer, and is now on holiday to avoid the noise. Mr Bos, 38, said: "I have sat in Mrs Howarth's flat and the noise is like an intrusive hum. She can't go to bed until the restaurant closes."

Mr Murshid initially agreed to modify the extractor, but the problems continued and Westminster Council served him with orders to reduce the noise in March and December last year.

He failed to do so and is now being prosecuted for ignoring the noise abatement order. He faces a fine of up to £20,000 under the Environmental Protection Act 1990.

Meanwhile, residents' patience has been further stretched by Mr Murshid's failure to turn up at two previous scheduled magistrates hearings on 24 July and 7 August.

A spokesman for Westminster Council said: "We have taken him to court for breach of a statutory noise abatement notice. A new hearing has been scheduled for 18 September."

Mr Murshid, who led criticism of Prince Philip for saying a fuse box looked as if it had been "put in by an Indian", was unavailable for comment. Mr Livingstone, meanwhile, was attending an environment committee to discuss his noise strategy.

Asked how Mr Murshid's case fitted in, he said: "It would not fit in at all. But I will wait until I hear about it from Kumar."