A takeaway is bidding to stay open as late as 4am – after being caught trading outside its licensed hours.

Caprinos Pizza, in Cross Heath, has applied to vary its premises licence so it can provide late night refreshment until 4am on Fridays and Saturdays and 3am the rest of the week.

The application was submitted after licensing officers at Newcastle-under-Lyme Borough Council found that the Liverpool Road outlet was advertising the supply of hot food up to 4am – two-and-a-half hours later than allowed under Caprinos' current licence.

Business owner Muhammad Saleem subsequently apologised and amended the advertised opening hours, saying it had been a 'genuine mistake'. Caprinos' existing licence, which it has held since 2018, allows it to serve hot food until 1.30am on Fridays and Saturdays, and until midnight on other days.

The business says that it needs to extend its hours due to increasing costs in relation to food supplies, energy bills and employee wages.

Environmental protection officers have objected to the application, saying the takeaway sits in a residential area, with the nearest house being just 36 metres away, and that any increase in noise should be avoided.

Caprinos has since offered to reduce its requested opening times by an hour, to 3am on Fridays and Saturdays and 2am on other days, and operate a delivery-only service outside its current hours.

Members of the licensing sub-committee at the borough council will consider the application when they meet on Wednesday, June 4.

In a letter supporting the application, Caprinos says that it will take steps to keep noise down, with no music playing inside the premises, and delivery drivers operating from the front of the building, away from the nearest homes.

Caprinos also says that it will aim to use its own delivery drivers rather than third party operators, such as Deliveroo, so it has more control over them.

The letter states: "As you can appreciate, due to the financial situation many businesses are facing due to increased overheads in relation to food supplies, energy bills, staffing, etc it has left us no other option but to consider offering our products for the late night trade to ensure we maintain a healthy business model.

"Of course this has to also take into consideration our neighbour (who are also regular customers) to ensure they are happy.

"To date there have not been any third party objections received from members of the public in regards to our proposed hours."

But despite the compromises offered by Caprinos, environmental protection officers have maintained their objection to the application.

In her response, environmental protection interim manager Tracy Farrell says: Any intensification of noise in a residential area should be avoided, especially at 3am / 4am when residents would reasonably expect to have undisturbed sleep.

"I note the applicant stated they will use their own vehicles, but Caprinos is on both Deliveroo and Uber Eats web sites, companies who regularly use mopeds.

"These are noisy vehicles, and the site would have no control over the behaviour of the delivery drivers."

The report to the licensing sub-committee explains that licensing officers became aware that Caprinos was operating outside its permitted hours on February 19, while they were inquiring after an outstanding transfer application.

"The business was contacted about this breach, and on February 24 Mr Saleem replied to say the trading hours had been corrected.

"The application to vary the licence was then submitted on March 11."

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