Agenda, decisions and minutes

Nominations for a Chairman of the Licensing Sub Committee were sought and it was

Resolved:

To elect Councillor Ian Thorn as Chairman for this meeting only.

To receive any apologies for absence and to note any substitutions.

No apologies were received.

The Chairman explained the procedure to be followed at the hearing, as contained within the “Wiltshire Licensing Committee Procedural Rules for the Hearing of Licensing Act 2003 Applications” (Pages 5 – 11 of the Agenda refers).

To receive any declarations of disclosable interests or dispensations granted by the Standards Committee.

The procedure to be followed at the Hearing is governed by the Licensing Act 2003 (Hearings) Regulations 2005. Regulation 14 provides that hearings should be held in public unless the Licensing Authority considers that the public interest in excluding the public outweighs the public interest in the hearing taking place in public. Under this principle, the Licensing Authority can exclude the public from all or part of the hearing, as considered appropriate. In view of the representations and evidence that has been submitted, the Sub Committee is asked to consider whether the public should be excluded from any part of the hearing in this instance.

The Sub Committee considered whether the press and public should be excluded from all or part of the hearing due to the possibility of confidential/sensitive information being disclosed. 

Resolved:

That the hearing should be held in public and that the press and public should not be excluded from the meeting.

To consider and determine an application for a review of a Premises Licence in respect of Tale of Spice, Malmesbury Road, Chippenham, SN15 1QA made by the Home Office (Immigration Enforcement).  The report of the Public Protection Officer – Licensing is attached.

Application by the Home Office (Immigration Enforcement) for a Review of a Premises Licence in respect of The Tale of Spice, Malmesbury Road, Chippenham

Roy Bahadoor (Public Protection Officer – Licensing) presented his report which outlined the licensing objectives and the step the Sub Committee could take to meet these objectives.

The Public Protection Officer – Licensing reported that on 20 November 2019 an application for a review of the Premises Licence was received from the Home Office (Immigration Service), this was accepted as a valid application.  The application was made on the grounds set out below:

·       The Premises Licence Holder has failed to meet the licensing objective, the prevention of crime and disorder, due to illegal working identified at the premises.

·       A visit to the premises on 20 September 2019, identified seven persons found to be working illegally.

·       A previous visit on 16 April 2015, identified seven persons found to be working illegally.

·       A previous visit on 12 June 2015, identified one person found to be working illegally.

The Public Protection Officer – Licensing gave details of how the Premises Licence Holder or the Review Applicant could appeal the decision made by the Licensing Sub Committee to the Magistrates Court.

In accordance with Section 52 (3) of The Licensing Act 2003 the Licensing Sub Committee was required to take such steps as it considered necessary for the promotion of the licensing objectives.

The licensing objectives were: -

·              The Prevention of Crime and Disorder

·              Public Safety

·              The Prevention of Public Nuisance

·              and the Protection of Children from Harm.

Such steps available to the committee were: -

·                To modify the conditions of the licence

·               To exclude a licensable activity from the scope of the   licence

·                To remove the Designated Premises Supervisor

·               To suspend the licence for a period not exceeding three months

·                To revoke the licence

·                Or to determine that No steps are necessary

Key points raised by Gemma Corfield (Immigration Officer) Home Office (Immigration Enforcement) were that:

·       Immigration Enforcement were new Responsible Authorities to the Licensing Act having only been added in April 2017.  Immigration Officers are responsible for everything after the border which will include people who have overstayed their visa and those who have entered the UK illegally.  Operations respond to intelligence where this is information to suggest that businesses are employing illegal workers.  Immigration Enforcement provide support response to the Police when foreign nationals are arrested, assist with establishing identity and where necessary detain or remove them.  Immigration Enforcement are able to prosecute for those most serious immigration offences;

·       The prevalence of illegal workers in the licensing trade is so grave that the government has made significant changes to the Licensing Act making Immigration a responsible authority and empowering licensing authorities;

·       That the review of the Premises Licence was being requested on the grounds of preventing crime and disorder;

·       Working illegally in the UK is a criminal offence and an illegal worker may receive a custodial sentence of up to six months and an unlimited fine.  The  ...  view the full minutes text for item 7.