An Indian restaurant in Worthing may be prosecuted for failing to get rid of its cooking smells.

The odours emanating from The Anaz Indian restaurant in Findon Road, Worthing, upset neighbouring residents so much they complained to the council.

Now Worthing Borough Council may take legal action after following up the complaints, saying the restaurant is in breach of planning conditions because it has unsuitable extraction equipment.

But owner Moin Ullah has said he has not been able to afford the correct equipment to stop the smells drifting into the street.

The Anaz opened in May last year after planning permission for extended use of the premises was granted, subject to the provision of proper extraction, in March 1998.

Since then, the council has made numerous requests to the restaurant for it to get the right extractors but the smells have continued.

A breach of condition notice was served in November.

The planning officer said: "The use of the premises has caused smell nuisance on occasion to neighbouring properties.

"It is therefore recommended prosecution should be authorised to secure compliance with the original planning conditions."

Mr Ullah said: "I couldn't get the work done last month because I had to pay my rent.

"But the main problem is getting a builder to do the job. Not all builders fit the right extraction equipment.

"I hope to find someone to do the work as soon as possible."

The council's development control committee was due to decide whether to take legal action at a meeting last night.