A pizza shop faces legal action after ignoring warnings from council officers and continuing to open later than allowed.
Brighton and Hove City Council enforcement officers have served a breach of condition notice on Papa John’s in Preston Road, Brighton.
The council said that the notice was served after staff carried on serving food beyond the permitted closing time.
Planning permission for the takeaway allows it to be open from 8am until 11pm from Monday to Sunday, including bank holidays.
Failure to comply with the notice could lead to court proceedings.
In addition, the company could also face the prospect of a further enforcement notice being issued after installing a new shop front without planning permission.
Papa John’s has been given until Thursday 1 September to submit a retrospective planning application which takes into a account changes suggested by planning officers.
Failure to submit an application could result in the company having to remove the unauthorised shop front.
Councillor Phelim MacCafferty, chairman of the council planning committee, said: “When we attach conditions to planning applications we are careful to strike a balance between the needs of the business and the impact on residents living nearby.
“When these conditions are flouted we will not hesitate to take action.
“The same applies to the planning laws which are in place to protect the character of the area and ensure the safety of the public.
“I would strongly urge Papa John’s to take its responsibilities seriously, or face the consequences.”