Moti Chemerinsky, who was at the relevant time the director of the Business Licensing Department in the Herzliya Municipality, stated in the public servant's certificate that he submitted [Exhibit A/2]: "I refused to approve to the plaintiff [Sol-Y.G.] a business license for the café... Since according to the plans submitted... The café had only one toilet and one warehouse, in contrast to the plans on the basis of which the business license for the café was approved in the past. In the previous plan, they were an integral part of the plan of the place - a warehouse and services for the use of the café on the top floor [the first floor of the building - Y.G.]. If it were not for these, the conditions and requirements for a business license would not have been met."
Moti Chemerinsky, director of the Business Licensing Department at the Herzliya Municipality, testified in his interrogation: "Q. According to the terms of the license of the business you require, do you require 2 services? A. That's right. Q. And was there only one toilet on the ground floor? A. ... Only on the ground floor. Yes. Q. What happened about the warehouse, what happened and what are you demanding? A. There was a warehouse [in the past - Y.G.], and in the second plan no plan with a warehouse was submitted. Q. Was the warehouse on the floor above the restaurant? A. Yes. Q. And a situation arises where there is also no warehouse? A. Correct" [p. 47 of the transcript, lines 9-18]; "Q. Did he have to bring more additional services and another warehouse [in order to get a business license for a café - Y.G.]? A. Yes. Q. If he doesn't have... Toilets and warehouse [additional - Y.G.] So you can't get a business license? A. Correct" [p. 49 of the transcript, lines 30-34]; "Q. Is there a minimum storage space? A. 6 square meters or more" [p. 51 of the transcript, lines 7-8]; "A. He can use the toilet up to a distance of 20 square meters from the business. Q. But does he need more additional services? A. Of course" [p. 54 of the transcript, lines 15-17].