A takeaway manager asked to be allowed to keep his Brighton premises open until 5am at weekends and on special occasions for walk-in customers.
Ishaq Karimi, a director of Chicks, in Lewes Road, Brighton, until the start of last month, made the suggestion at a Brighton and Hove City Council licensing panel hearing today (Thursday 6 June).
Currently the business can operate until 1am – after a late-night refreshment licence was granted in March last year. It has since applied to stay open until 5am.
The owner, Noor Rahman Momand, 53, wants to open at 11am and to be able to trade until 5am the next morning. On Sundays, he wants to open at 11am and to be able to trade until 3am.
But the council’s licensing team and Sussex Police objected to the application, with police licensing officer Hannah Staplehurst addressing the panel.
She told the three councillors – Julie Cattell, Theresa Fowler and David McGregor – that checks were carried out twice in April when officers found the business still trading at 1.15am.
On Saturday 20 April, officers found that staff could not operate the closed-circuit television (CCTV) system – and seating was in use, contrary to the licence conditions.
Delivery riders were also pulling up outside the Lewes Road premises although stopping is banned along the council’s new red route.
Staff made no effort to move them on, seemingly unaware that the licence conditions required them to use nearby loading bays.
On finding the business trading after its 1am closing time, Ms Staplehurst said: “Officers found it open with delivery riders waiting to collect orders.
“During a telephone call with the owner, when we made him aware of this, he was reminded of his permitted opening hours. He responded that it was ‘just a technicality’.”
She said that the force objected to an application for a 5am licence last year and the business was granted one that allowed it to stay open until 1am.
This was later than the standard 11pm closing time set out in council licensing policy – but the decision was reached after Mr Karimi said that he was willing to work with the responsible authorities.
Within 300 metres of the business, a report said, there were 96 violent crimes, 61 incidents of anti-social behaviour and 23 public order offences over the past year.
Council licensing officer Donna Lynsdale said that there were concerns about the relatively high levels of crime and disorder in the area which could be affected by granting even later opening hours.
She raised concerns about delivery drivers stopping on the red route and even during the licence check, arriving when the police were there at 1.15am.
Mr Karimi, 33, said that the business had not open to the public when police arrived at 1.15am. He said that staff were still working, cleaning the premises.
He said: “When we close the shop at 1am, it does not mean we won’t have staff working in the shop. Once we close there are tasks that need to be done – clean the shop, sweep the shop and clean our machines.
“After we stop business at 1am, there will be staff working in the store until sometimes 2am or 2.15am to carry out necessary cleaning tasks to make sure we are ready for tomorrow.
“I completely refute that we are serving customers after 1am. We’ve never taken an order after 1am or served any customer after 1am.”
But Ms Staplehurst said that three police officers saw food being prepared and footage from their body-worn cameras confirmed this.
Mr Karimi said that he reviewed the CCTV but could not see food being prepared or cooked at that time.
He said that the CCTV was functioning and both he and Mr Momand were just a phone call away to allow officers to check the system for up to 41 days.
He added that the business had operated successfully without incident for the past 15 years.
As a compromise, he asked whether councillors would allow 5am closing on occasions such as New Year’s Eve, Christmas Eve and Pride.
He asked, if 5am was too late, whether he could trade until 4am on Saturday and Sunday mornings and 3am every other morning.
The panel was told that there was no “drinking up time” for late-night refreshment licences. All orders should be fulfilled, with customers out of the door, by 1am – not being taken up until the closing time.
Councillor Fowler said that the problem seemed to have arisen because orders were still being fulfilled beyond 1am. Mr Karimi said that an order came in at 12.52am before the police visit and was sent out after 1am.
The panel retired to make its decision which should be made public within five working days.
Can’t imagine this will be granted. They have a clear record of failing to uphold the current license. Plus, more strategically, then every single food outlet in the area will want to open until that time as well, which the council will then be almost strongarmed into allowing in the interest of fairness.