Police and licensing officials said that they had no confidence in a restaurant owner after his drinks licence lapsed for a second time.
Rafiqul Islam applied for a new premises licence to sell alcohol from 10am to midnight at Cardamom, in St James’s Street, but Brighton and Hove City Council’s licensing team and Sussex Police objected.
Mr Islam’s licence lapsed when he dissolved the company that owned the premises and set up a replacement, a council licensing panel was told.
He was granted a licence to sell alcohol in January last year after taking over the restaurant in the previous October. This also led to a lapsed licence because it was not transferred by the previous owner.
Police licensing officer Claire Abdulkader said that, during inspections after Mr Islam officially took over the business, officers found several breaches of agreed licence conditions.
Mr Islam was told that he had no licence in October 2023 but, a month later, officers found drinks menus on tables, alcohol behind the bar, though not on display, and beer pumps operating.
Further breaches were found when another licensing check took place in December – and again last March.
At this time, officers had planned to issue a final written warning, with any future issues to result in a licence review which cost 47-year-old Mr Islam his licence.
Two days later, officers learnt that Mr Islam’s company had been dissolved in June 2024, invalidating his licence and requiring all drink sales to end until the situation was rectified.
Ms Abdulkader said: “During our interactions with the venue since it opened under the Cardamon name – and with Mr Islam – the evidence we have given shows we have little confidence in him as an operator.
“His understanding of administrative issues is very limited and this has resulted in him breaching his premises licence more than once – at times trading without a premises licence – and his company being dissolved without him allegedly realising this.”
Ms Abdulkader said that the restaurant had appeared to be trading as a bar, with the tables moved to one side, during Pride weekend in 2023.
But even though Mr Islam was present, he was not the owner or licence holder at the time.
Council licensing officer Donna Lynsdale supported Ms Abdulkader’s findings.
Mr Islam’s licensing agent, Paul Thornton, said that his client had been “foolish” not to fit closed-circuit television (CCTV) cameras when required. He had prioritised other spending to comply with fire regulations.
Mr Thornton said that Mr Islam worked at the business all day every day, with two workers in the kitchen and his wife joining him during busy periods.
He said that the previous business entry was dissolved because of a spelling error and the only way to correct it had led to the licence lapsing.
Mr Thornton said: “The decision by Sussex Police and the licensing authority on Thursday 5 December to allow the licence to continue in the light of some of their comments today becomes more bizarre.
“The fact the licence had lapsed six months previously and no one in any authority was able to determine this is surprising.
“Having explained the circumstances behind that, Mr Islam gained nothing from that. He has lost more than he gained from that lapse.
“He’s learnt a lot in that clearly he did not comply with some of the conditions and he will learn from it if the licence is granted.”
Mr Thornton said that the application was for the same licence that the business had had since 2005.
There was an anomaly because planning conditions approved after a “change of use” application permitted the building to operate as a restaurant. It required shorter hours – 11pm closing from Monday to Saturday and 10.30pm on Sundays.
But Mr Thornton said that this situation was not uncommon and his client would submit a planning application to regularise the hours should the licence be granted.
The panel – councillors Ivan Lyons, David McGregor and Paul Nann – retired to make their decision which should be made public within five working days.
Aren’t there enough shops selling alcohol in that street ?
Well what a surprise. Another that doesn’t think the rules apply to them.
Agreed, even Brighton College with their institutionalised wealth failed recently with their planning permission by trying to flaunt the rules.