Hakki Ciloglu saw his request for a later licence refused by the city's licensing committee yesterday because it was against council policy on takeaways near to nightclubs.

He wanted to be able to open his Fountainbridge shop, Topkapi, until 4am instead of the current 2am.

He says he currently has to close around half-an-hour earlier on club nights, creating a "lock-in" for customers already waiting for food. That leads to other revellers banging on the windows trying to get in, and abusing his staff.

Alistair MacDonald, from MacDonald Licensing Ltd, representing Mr Ciloglu, argued to councillors that Edinburgh was the only city in Scotland where nightclubs close at 3am and there is nowhere open serving food for people coming out of venues.

He called for the committee to reverse the policy of the previous Labour-run administration.

Mr MacDonald said: "People leave a nightclub at 3am and want something to eat. When they arrive at the shop and think it's still open because they see people inside it being served, it causes problems for the staff inside. They get abuse and intense pressure to open up."

Mr MacDonald said that if the committee did grant the 4am licence it would not mean other takeaways across the city would follow suit, as only those near nightclubs would be likely to apply. But the committee was adamant that by granting a licence it would set a precedent.

Speaking after the meeting, Mr Ciloglu said it was time for the city council to change its policy.

"It's a crazy decision because the public want an extension, the businesses want it, the local taxi companies want.

"Taxi drivers complain because people are spread all over the city looking for food but they would be in the same areas if we were allowed to stay open.

"It is not fair – the alcohol policy is affecting takeaways in the city centre.

"Edinburgh is a capital city and should be the beating heart of Scotland. There is a demand and the policy should be changed so that we can fulfil the demand.

"We should be able to stay open later.

"I want the members of the council to review their policy. We are in the city centre and we should be allowed to sell food to those who want it. It is hard saying no when people are banging on the windows, being aggressive and offering to pay us double the price."

He added: "I don't particularly want to stay open late. I just want to sell food to those who want it. There is a demand for food. We do not sell alcohol, we sell food to hungry people. We are the victims in this."