A LICENSING battle over a takeaway has gone to appeal after claims that a councillor fell asleep during the hearing.

Thariq Mohammed was seeking a 5am licence for his premises to sell food under the new late licensing laws.

Mr Mohammed said one member of the panel of three deciding the application, later identified as Labour councillor Ruth Robson, nodded off during the hearing.

The application, opposed by residents near his premises, was refused by Newcastle City Council, and Mr Mohammed is now appealing to magistrates.

Coun Robson, who suffers from diabetes, has been a member of Newcastle council for 15 years. She said she was suffering from a headache and closed her eyes after she took medication, but did not fall asleep.

She said: "I had been ill during the night. My blood sugar level had run very low and I had obviously taken action to rectify it.

"I had a bit of a headache and I took cocodamol tablets at lunchtime before the afternoon session of the meeting. I could feel it kicking in and closed my eyes. I did not miss any of the case. I closed my eyes, but I do not think I nodded off. I was still listening to what was being said."

Mr Mohammed said: "I was concentrating on the hearing, but then I looked at the councillor and saw she was asleep.

"This was a hearing involving my livelihood and I am very upset that somebody could nod off."