A showdown is set for a pizza takeaway in Reading to operate later at night due to a dispute between the franchisee and council officers.
The franchisees of Caprinos Pizza in Wokingham Road, East Reading have applied to stay open until 2am Monday to Thursday and 4am on Fridays and weekends.
However, Reading Borough Council officers have lined up to oppose the application, accusing the franchisees of operating outside of their approved hours.
During an inspection, licensing officers found Caprinos operating past 11.20pm, despite only having approval to operate until 11pm.
A report states the operator admitted to opening until midnight on weekdays and 1am on weekends. The operator was then told he requires a licence to operate past 11pm. The inspection was undertaken on Friday, September 20.
Businesses require a late night refreshment licence to sell food and non-alcoholic drinks between 11pm and 5am.
A number of other businesses along Wokingham Road have been accused by council officers of operating past 11pm as well.
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Licensing officer Peter Narancic argued that premises have a duty prevent to crime and disorder, citing Thames Valley Police data that the area has the highest crime rate in Berkshire.
Mr Narancic wrote: "There is a significant issue in the Reading area with crime and disorder, including street crime, use of bladed weapons, drug taking, sexual assaults and drunkenness.
"This has led to issues of anti-social behaviour in local communities,
including East Reading."
Licensing rules dictate that premises must uphold the four licensing objectives which are preventing crime and disorder, upholding public safety, preventing public nuisance, and protecting children from harm.
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Furthermore, a council officer has objected by arguing that Caprinos never had permission to open as a takeaway.
The operator won permission to convert the premises from a Christian Community Action charity shop into a restaurant (plan reference 191543) in February 2020.
Restaurants currently fall under Class E-commercial use, which allows the use of commercial properties to change more easily.
However, planning officer Richard Eatough has pointed out Class E does not include takeaways.
He wrote: "This is quite clearly a takeaway, for which there is no planning permission.
"Unless and until a change of use is considered lawful or planning permission has been granted (by no means a given in this type of location), the planning department objects to this application."
The bid for extended hours is set to be decided at a licensing applications committee meeting on Thursday, November 7.
The Caprinos franchisee is due to be represented at the hearing by Bill Donne of Silver Fox Licensing Consultants.
Mr Donne said he aims to assist the franchisee in submitting a planning application to rectify the conflict with the council's planning department.
Caprinos was launched in Didcot in 2014, and now boasts 99 stores across the UK, Ireland and Pakistan.
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