A pizza restaurant in a vibrant area of Reading has won permission to do takeaways until 4am - but there's a catch.
Caprinos Pizza in Wokingham Road, East Reading has been serving up hot food, wraps, sides and desserts since opening in 2021.
It is currently only allowed to open until 11pm at night.
The eatery is run by Malik Ali of Ruby Foods Ltd, who applied for sales to continue until 4am on Fridays and weekends and 2am Monday to Thursday.
But Caprinos got into trouble with Reading Borough Council licensing officers for breaking trading rules by trading past 11pm without permission.
During a test purchase, a licensing officer bought a pizza at 11.20pm, when Caprinos should have been closed.
READ MORE: Pizza restaurant in trouble with the council over later opening hours
The council's licensing team objected to the later operating hours, requiring a meeting of the council's licensing applications sub-committee to make a decision.
Bill Donne, representing Mr Ali, stated his client was not present at the time, with staff being in the process of closing during the test purchase on Friday, September 20.
He said: "They [staff] were in the process of cleaning down when they received an order from the licensing officer.
"It's a very regrettable incident and my client apologises."
The manager at the time has since been dismissed.
Councillor Micky Leng (Labour, Whitley) questioned whether the dismissal was "harsh" if the incident was a one-off.
Licensing officers conducting test purchases in Wokingham Road also found Chaiiwala, Munchiies Desserts and Ice Cream, and the Biryani Lounge also trading after 11pm despite not having a late-night refreshment licence.
READ MORE: Food businesses in East Reading caught trading after hours without permission
It was theorised that Caprinos was operating in the same manner.
Answering that, Mr Donne insisted the incident was a one-off.
The application was also opposed by planning officer Richard Eatough, wrote that the business does not have permission to operate as a takeaway.
Although planning laws were reformed to make the conversion of restaurants, shops and offices easier - introducing use Class E in September 2020 - planning permission is still required to operate a takeaway.
READ MORE: What is 'use Class E' as bank is converted into chain cafe
The address was converted from a Christian Community Action charity shop into Caprinos in 2021.
This led to a debate over whether Caprinos primarily operates as a takeaway or restaurant.
Mr Donne argued Caprinos is primarily a restaurant as it has 22 seats dine-in customers.
He said: "On the planning issue, my client is adamant that he trades all the way through the day as a restaurant. The vast majority of the time, we are adamant it falls in class E."
READ MORE: Former pub near town centre converted into Asian food store thanks to class E planning rules
Mr Donne added the intention is to close the restaurant at midnight and continue takeaway operations on delivery apps until 2am and 4am.
Ultimately, the committee decided to grant the extended hours, on the caveat that planning approval must be obtained for a takeaway.
Mr Donne is due to submit a planning application for a takeaway on Mr Ali's behalf soon.
The decision was made by cllrs Paul Woodward (Labour, Church), Clarence Mitchell (Conservative, Emmer Green) and cllr Leng, his first meeting as a committee member.
The meeting was held on Thursday, November 21.
It was the last meeting for licensing officer Peter Narancic. In a farewell, cllr Woodward, the committee chair, said Mr Narancic was a 'friend of the committee' and would be 'sadly missed' as he enters a 'well-earned retirement'.
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