Agenda, decisions and minutes

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

Resolved:

To elect Councillor Peter Hutton as Chairman for this meeting only.

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

There were no apologies or substitutions.

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 following in 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 procedure to be following in the Hearing is governed by the Licensing Act

2003 (Hearings) Regulations 2005.

Regulation 14 provided 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 could exclude the public from all or part of the hearing, as considered appropriate.

In view of the representations and evidence that had been submitted, the Sub Committee was asked to consider whether the public should be excluded from any part of the hearing in this instance.

To consider and determine an application for a review of a Premises Licence in respect of Tale of Spice, 9 North Street, Pewsey, Wiltshire made by Home Office Immigration Enforcement.  The report of the Public Protection Officer – Licensing is attached.

Application for Review of a Premises Licence: Tale of Spice, 9 North Street, Pewsey, Wiltshire, SP9 5ES

Emma Batchelor - Licensing Officer, Wiltshire Council presented her report and introduced the purpose and scope of the application, the premises to which it related and the key issues for consideration.

Points made by the Licensing Officer included:

·         That the hearing was being held to consider the application by Home Office Immigration Enforcement for a Review of the premises licence held by Mr Abul Jashim for Tale of Spice, 9 North Street, Pewsey, Wiltshire, SN9 5ES and which was accepted as a valid application.  The application was made on the grounds set out below;

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

• Previous visit on 18 August 2018, identified five persons found to be working illegally.

• Previous visit on 4 April 2014, identified six persons found to be working illegally.

·         That the premise had held a licence from April 2011.

·         That a review of the licence had been requested by Home Office Immigration Enforcement on the grounds that the premises licence holder had failed to meet the licensing objective of the prevention of crime and disorder, due to illegal working identified at the premises.

·         That the review process required a public notice to be posted on the premises for a period of 28 days together with a copy of the notice posted at the offices of Wiltshire Council, Monkton Park, Chippenham. During the consultation period Three Representations of support were received.

·         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 the Review Applicant (Gavin Griffiths – Home Office Immigration Officer Southwest England) were:

·         That he works for the Immigration Office who deal with everything within the UK border.

·         There is a prevalence of illegal workers in the licensing trade

·         Serious crime can be linked to exploitation of vulnerable individuals – encouraging the breaking of laws, smuggling and exploitation of minors.  Working illegally is a criminal offence with a custodial sentence and unlimited fine.   Employers are required to undertake checks on workers under the Immigration Asylum and Nationality Act 2006

.

·         That the premises were visited by Home Office Immigration Officers on the 20 September 2019.

·         That nine people were found to be in the communal kitchen, behind the bar and waiting tables.  Five people were found to  ...  view the full minutes text for item 13.