Takeaway granted late-night delivery licence with conditions

A kebab shop can open later for deliveries but not as late as the owner had hoped.

Ebadullah Abid, 23, applied to extend the late-night refreshment licence for his kebab and pizza takeaway business, Flames, for deliveries until 5am at weekends and 4am during the week.

The premises, at 36 Preston Road, Brighton, currently has a licence to close at 1.30am but Mr Abid wants to be able to deliver food and soft drinks after that time.

The licensing team at Brighton and Hove City Council and Sussex Police objected to the original application which went before a panel made up of three councillors – Steve Davis, Ivan Lyons and Kerry Pickett.

At the council licensing panel hearing, on Wednesday 10 June, Mr Abid was asked if he would be prepared to compromise on the closing time – and he said that he would.

He said that he would accept 2am during the week but wanted to offer deliveries until at least 4am at weekends.

The panel granted the 2am end time for weekday deliveries, in line with council policy, but said that weekend deliveries should stop at 3am.

The councillors were told that, currently, Flames should shut at 11pm because the business does not have planning permission to operate after this time.

And Preston Road, where the premises was based, was on a “red route”, meaning that drivers be required to park in a nearby loading bay.

A decision letter from the council said that the panel were concerned that a planning application had not yet been submitted to the council, applying for permission to keep the business open after 11pm.

The council said: “It was considered that the delivery-only proposal was less risky as there would be no public access after 1.30am.

“There was demand for deliveries after this time. The proposed conditions and measures were reiterated. Drivers would not congregate outside the premises and would switch off their engines.

“In answer to questions from the panel the applicant stated that while food orders may be taken from third-party websites, they would only be using their own drivers.”

Mr Abid was also reminded that the business would have to close by 11pm until planning permission for later hours had been granted.

The council attached conditions to the licence including a requirement for orders to be handed to delivery drivers and riders inside the premises and for them not to gather outside the business.

Flames may only use its own drivers to deliver orders – and rubbish collections are restricted to 8am to 8pm with staff only permitted to throw rubbish away in the outside bins during the same hours.