A takeaway wants to offer deliveries until 5am but Sussex Police and Brighton and Hove City Council’s licensing team have objected.
Express Pizza and Chicken, at 172 Portland Road, Hove, currently has a late-night refreshment licence to sell hot food and drink between until 1am. It wants to extend its delivery hours.
The council’s licensing policy does allow for 2am delivery in areas such as Portland Road.
The objections mean that a licensing panel, consisting of three councillors, will be asked to consider the application to extend the outlet’s late-night refreshment licence at a hearing on Monday (26 January).
The premises licence holder, Kamran Khan, 32, has not shown that there are exceptional circumstances to justify breaking with the current policy, according to council licensing officials.
The council also wrote to Mr Khan last August after receiving an allegation that the business was operating after 1am when it shouldn’t have been.
Sergeant Mark Redbourn, from Sussex police, said that the force had asked Mr Khan to amend his application and seek a 2am finish.
Sergeant Redbourn said that he had little confidence in the business complying with conditions because Sussex Police had also written to Mr Khan in August about allegations of trading after hours.
A report to the licensing panel included images from Google showing the business closing time as 1.50am and the Just Eat entry advertising deliveries until 4.30am
The police also wrote to Mr Khan in February 2022 about the same issue with the company’s website showing the business closing time as 3am at weekends and 2am in the week.
The business website and delivery platforms were now showing the correct 1am closing time.
Sergeant Redbourn also said: “Calls to police recording any anti-social behaviour also stopped in 2022 which is a concern that this premises is not recording any incidents experienced.
“Following these breaches, no communication has ever been received from the premises licence holder who also did not pre-consult with Sussex Police prior to the submission of this application.”
Mr Khan said, in his application, that customers would not be permitted to collect orders after 1am.
He said: “The management will ensure that delivery riders / drives waiting or arriving to collect food orders will be parked / waiting legally and not causing a public nuisance by way of obstructing the highway or footpaths.
“Delivery driver vehicles will not be permitted to leave their engines running while loading / unloading.”
The licensing panel hearing is due to start at 10am on Monday (26 January). The hearing is scheduled to be webcast.
Who gets the munchies at 4 in the morning. Oh yes, those that get deliveries from riders on bikes!
delivering the next hit! under the pizza!