The owner of a restaurant which denies being 'uncompliant' and 'problematic' could face sanctions.
Sussex Police asked Brighton and Hove City Council to review the licence for Emad Abdolkhani’s business, Persia, in Church Road, Hove.
A three-hour licensing hearing about the issue overran its allocated time on Wednesday before any of the parties could summarise the evidence. It will resume next month.
Sussex Police licensing officer Mark Thorogood told the hearing that he went to the restaurant with PC Andre Bernascone and a sergeant and asked to inspect training records.
There, PC Bernascone spotted a female staff member through a window using correcting fluid to amend paperwork.
Bodycam footage of the incident was shown in the meeting.
Police found dates were changed from 2023 to 2024 on two sheets – and the correcting fluid was still wet. But the sign-off date was unchanged - Sunday, July 30, 2023.
Mr Thorogood said: “Mr Abdolkhani denied knowing his employee had altered the record.”
Police also said that they had problems obtaining CCTV footage after someone reported a crime – and the restaurant had historic high readings for cocaine in the toilets.
Senior planning enforcement officer Emma Lawrence told the panel that the first-floor shisha lounge did not have planning permission and an enforcement notice would be issued.
The Home Office said immigration checks were carried out in October 2021 and February last year. Officials found two men in the kitchen who did not have the right to work in Britain.
Mr Abdolkhani said that on both occasions the men were there to eat because he provided food to asylum-seekers through his mosque.
The Home Office added that Mr Abdolkhani was advised not to have anyone in the kitchen unless they were working at the restaurant.
He told the panel that, on both occasions, men were seen to drop utensils and had food debris on their clothes. On the second occasion, one man was wearing Crocs shoes but switched into trainers when he fetched his coat.
Mr Abdolkhani’s lawyer Claire Nevin said that, in asking the council to revoke Persia’s licence, police had not taken a stepped and measured approach.
She said the footwear issue was a cultural misunderstanding because Muslims removed their shoes to pray and there was a prayer space in the basement at Persia.
She described Mr Abdolkhani as an experienced licence holder whose business was not in “flagrant violation” of the licensing objectives.
He had taken action after cocaine was found in the toilets and the most recent readings were low or nil – and CCTV was provided to police on request.
Ms Nevin said: “None of this squares with what we say is the police’s inaccurate account of an uncompliant problematic premises. There is no basis … for revoking the premises licence.
“Revocation should always be a last resort and this is in line with the stepped approach set out in the Home Office statutory guidance from December 2023.”
She said that the planning issues were not matters for the licensing panel and added that Mr Abdolkhani had not received a penalty after the checks by immigration enforcement officials.
The council could revoke Persia’s licence or suspend it for up to three months, replace the dedicated premises supervisor, who has responsibility for alcohol, modify the conditions and / or remove a licensable activity.
The panel will reconvene hearing at a yet unspecified date in July.
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