The Subway in Lewes Road could open as late as 3am if the owners get a late-night licence.
Owner of the sandwich franchise Nikita Bhairi wants to open until 3am on Friday and Saturday and until 2am Sunday to Thursday.
But although she isn’t looking to sell alcohol, the application faces opposition from Sussex Police.
In his objection, Sussex Police licensing inspector Rob Lovell raises the issue of high levels of violence against the person and all injury violence in St Peter’s and North Lane electoral ward.
Inspector Lovell said: “While Sussex Police acknowledge that the premises application is not asking for the sale of alcohol, offering hot food and drink into the early hours encourages persons who may be under the influence of alcohol or drugs to remain in the area, which is heavily residential.
“This increases the risk of crime and disorder, anti-social behaviour and public nuisance.”
He is also concerned there is no reference to CCTV or Security Industry Authority (SIA) risk assessment.
The store is in the city’s special stress area, where there is concern about levels of crime, disorder and public nuisance.
This means Ms Bhairi has to put the case to a Licensing Panel on Monday, 5 October.
Brighton and Hove City Council’s policy limits late-night takeaways to midnight in the special stress area unless the applicant can show exceptional circumstances.
A Licensing Panel of three city councillors will discuss the application from at a virtual hearing webcast on the council website from 10am on Monday 5 October.
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