Walter Purkis and his son John, who were handed the notice on December 21, face a fine if they do not comply. They believe booming house prices and over-development in what had previously been a down-at-heel area of town was killing off its history and traditions.
Six years ago, flats were built above a nearby supermarket and during the summer last year, a wooden studio-type building was put up next to the shop's chimney. The council now claims the property - which had it chimney knocked off during the Blitz by a Luftwaffe bomb - is in breach of the Environmental Protection Act 1990 and the Clean Air Act 1993.
The family believe the complaint to the Labour-run Haringey Council in north London had originated from someone living in the apartment blocks. Referring to the residents, Mr Purkis, 65, said: 'We have never had a problem and we have been here 130 years. These flats are only six years old. 'We have been doing this the same way for five or six generations back, and so did the people who had shop before me, they also did it for five generations. 'If we can't do this anymore we will have to pack up.'
His son John Purkis, 42, added: 'It's really disappointing. I have been here 20 years and no one ever said anything about health inspections so this was a shock. 'The last e-mail we got was yesterday from Haringey Council. 'We smoke with oak chip, which is pure wood. But they are saying it's an unauthorised fuel and they want us to use a smoke-free wood, which is chemically enhanced. 'But if it's smoke free, it's not smoked fish. There is no product.
’We use nothing but natural wood with no chemicals added. This goes against our principles.
‘To do what they are suggesting, we would need to have a completely different system put in.'
Mr Purkis' father added the cost of the new equipment was in the region of £48,000, and even then he was not sure the council would approve its installation. The family bought the shop in 1982 from the Green family and also have a branch in Muswell Hill.
John Purkis said he were initially unaware that council officers had started to monitor the business since October, leading to the ban beginning on December 21. He added he had no idea how the monitoring had taken place, and they had not received any data. The family were able to complete their Christmas orders, but the ban has lost them 40 per cent of their turnover.
'To afford the rents and rate, we have got to have our turnover,' Mr Purkis added. 'We employ local people and have got six staff working for us. We are local people ourselves.'
He added little smoke was emitted anyway as it was contained in the smokehouse so that it could be absorbed by the fish. Customer Martin Bailey was also furious.
He said: 'A supplier of excellent, healthy, locally-processed, traditional foods - commended by Rick Stein and popular across north London- is being put out of business without consultation by ill-judged council action that can only be described as heavy-handed.
'And, not so far away, near the Olympic Park, a big new smokehouse has recently been opened.
'But that was in a different borough, where perhaps "pollution" means something different.
'What next? A Haringey ban on summer barbecues? Will firework parties fall foul of officialdom?'
Crouch End councillor David Winskill has also backed the business, and is campaigning for the practice to be allowed again.
The furious Liberal Democrat said: 'I'm going to be working with Mr Purkis and officers to make sure there is a speedy resolution to this and to see whether the order which has been served actually reflects the intention of the law.' A council spokesman said advice on appropriate smoking appliances and approved fuels had been provided to the owner.
He said: 'We are working closely with them to resolve the issue.
'Until then the owner has been asked not to use the smokehouse.'
Lance Forman, of H Forman & Son, has a smokehouse in East London and uses oak logs. He said: 'We have a special system that prevents smoke from being emitted into the atmosphere.
'The system is closed when we are producing the smoke.'
