A Brighton restaurant could lose its 3am licence over claims that it breached its licence on several occasions and employed an illegal immigrant.
The claims emerged in heavily redacted meeting papers for a licence review, to be conducted by a Brighton and Hove City Council licensing panel next Monday (6 October).
The panel, made up of three councillors, will decide whether Zaf’ron, in North Road, Brighton, should be allowed to retain its late-night refreshment licence and if so, whether it should be modified.
Sussex Police submitted the application for a review but the bulk of its evidence has been withheld because of an active criminal investigation.
An intruder smashed up the restaurant and attacked staff on successive days and the staff took steps to defend themselves.
The perpetrator, a 63-year-old Brighton man, was given a community resolution, requiring him to pay for the cost of repairing the damage after the first incident.
When he returned about 24 hours later, he was subdued by staff and the investigation is understood to be looking at whether the staff went beyond reasonable self-defence in protecting themselves and the premises.
Four members of staff were arrested. Three of them remain on police bail while the incident is investigated. The fourth man was released and faces no further action.
The latest review follows two meetings held in secret last month when a previous attempt to review the licence failed because the council and police applied the law incorrectly.
They used a procedure intended to deal with premises that have a drinks licence. Zaf’ron does nor serve alcohol.
In applying for the latest review, Sussex Police listed a series of alleged licence breaches dating back to November 2023 – before the current licence which was granted just over a year ago.
Some of the breaches involve trading after hours. Some are more technical such as keeping security camera footage for 30 days instead of 31 days.
A licensing check in January found, among other things, that the premises did not appear to have door staff or to have carried out a risk assessment.
It was not a member of the Brighton Crime Reduction Partnership, even though this was a condition of the late-night refreshment licence.
Police also noted noise complaints linked to customers, delivery vehicles and building work in the early hours on six occasions in May and June this year. Some delivery drivers parked illegally.
The council had previously written to the business about licence breaches and had even sent a formal written warning.
A report to councillors said that Norulah Habibi was appointed director of Zaf’ron Ltd in February, taking over from Rafiullah Khan. Mr Habibi was previously a director from September 2022 to January 2024.
The report also contained redacted letters from two councillors – Labour councillor Mitchie Alexander and Green councillor Sue Shanks – as well as the Green MP for Brighton Pavilion, Siân Berry.
Councillor Alexander said that residents did not feel safe and cars and motorbikes linked to the premises caused a disturbance. Claims of drug dealing were denied and did not appear to be supported by evidence from the police.
Councillor Shanks, who represents West Hill and North Laine ward, said that she had received complaints from neighbours about noise and people gathering outside the premises.
She said: “A late licence has proved inappropriate in this area. I did speak to Zaf’ron staff who were pleasant.
“Due to the complaints … and the recent police involvement I support the termination of the late license.”
Ms Berry said that she had received regular communications from neighbours about noise and “community tensions”.
She said: “My constituents have expressed concerns that loud disturbance in the street outside and around this restaurant regularly prevents local residents from sleeping and that this regularly continues until 3am and sometimes until 5am.
“They say the ongoing sleeplessness due to noise nuisance and incidents is having a significant effect on family life.”
Much of Mr Habibi’s response has been redacted because it relates to the incident that is still being investigated by the police.
He acknowledged complaints about the nuisance caused by late-night delivery drivers and addressed issues relating to the delivery firms Uber Eats, Just Eat and Deliveroo.
He said that cleaning up now started earlier and no loud tasks such as moving bins took place after 11pm. Music inside the premises was turned off before midnight and none played after hours.
He said that he had instructed a professional licensing consultant to advise managers and now had a contract with Pagoda Security to provide door staff. He had also given the neighbours a mobile number and email to contact him about any disturbance.
Mr Habibi said: “I deeply apologise for the incidents and lapses that led to this review and I am determined to provide clarity, context and corrective actions so that the panel can be confident in our ability to operate responsibly moving forward.
“My aim is not to deflect blame but to show that we have listened to the feedback from the authorities and our community and have acted decisively to rectify every issue within our control.”
The licensing panel is scheduled to start at 10.30am next Monday (6 October). It will take place online and is scheduled to be webcast although the panel may exclude the press and public again and sit in closed session.
Ok chap has come over from Afghanistan a couple of years ago, that response at the end of the article is 100% written for him rather than by him lol i would bet my house on it. It says enough, throwing money at the problem by getting consultants, rather than just admitting that a 3am licence is completely inappropriate for the area for someone completely out of their depth.
The geniuses who green lit this license in the first place are to blame equally. If the police are saying No to a kebab shop, they probably know what they are talking about.