Issue - meetings

Report CSL047 by the Community Safety and Licensing Service Manager

(This report was circulated with the agenda at the meeting on 4th July 2014; Members of the Committee should bring all paperwork that was circulated at 4th July meeting).

Decision:

The Committee were satisfied that there was no evidence to indicate that any of the Licensing Objectives were being undermined and agreed that no further action was required.  (Detailed reasons for the decision are  shown at the end of these minutes)

The Solicitor to the Committee introduced those present and confirmed who was to speak in relation to the application. John Whittaker solicitor for Lincolnshire Police, Sergeant Kim Enderby Lincolnshire Police Licensing, Duncan Craig barrister on behalf of Mr Anilkumar V Patel, premises owner.

The application before the Committee was for a review of a premises licence for the premises known as Bombay Brasserie, 11 London Road, Grantham. The review had been asked for by Lincolnshire Police.  The review was adjourned from the 4th July in order that the Police who had brought the review, had time to validate information submitted by the applicant shortly before the last meeting and for the applicant to provide better quality documentation if possible.

The Licensing Officer presented the reasons for the review requested by the Police and which were outlined within report CSL047.  The grounds for the review were under the licensing objectives of:

-        Prevention of Crime and Disorder

-        Public Safety

-        Protection of Children from Harm

The premises had been visited on 1st May 2014 by Lincolnshire Police Licensing and Home Office Immigration.   Ten Asian males had been identified as working at the premises in front of house and the kitchen.  Checks had identified one male worker was ineligible to work and was escorted from the premises.  Four other males were arrested and detained as illegal workers at the premises for relevant offences under the Immigration Act 1971.

As third party names were contained within the documents before all parties the Solicitor to the Committee asked that those people be referred to as A, B, C, D and E respectively.

The Licensing Officer was asked whether a representative from the Fire Authority had been invited. The issues referred to within the report/ appendices were dealt with under different legislation however, a representative from the Fire Authority was entitled to be present at the meeting if they felt it was warranted.

The Solicitor for the Police then presented their case.  Reference was made to the visit on 1st May 2014 and the men who had been found to be working illegally in the UK.  It was the view of the Police that the Premises owner knowingly employed the men to work within his restaurant knowing that they were illegal workers and that this was a criminal act.    The main licensing objective which the Police had brought the review was under the Prevention of Crime and Disorder.  By employing these men the Premises Licence Holder had knowingly failed to comply with the law by employing illegal immigrants.  The Police Solicitor then referenced parts of the Immigration Act 1971 which the Premises Licence Holder had failed to comply with by knowingly employing the men.

He then referred to the “squalid” living  ...  view the full minutes text for item 14

Report CSL047 by the Community Safety and Licensing Service Manager.

(Enclosure)

Decision:

That the review of the Premises Licence for the premises known as The Bombay Brasserie, 11 London Road, Grantham be adjourned to Friday 18th July 2014 at 10.00am.

The Solicitor to the Committee introduced those present and confirmed who was to speak in connection with the application.  Mr Duncan Craig, barrister for the applicant Mr Anilkumar Patel, Sergeant Kim Enderby, Lincolnshire Police Licensing Section.

Paperwork in connection with the review had been submitted by the applicant at the beginning of the week. In order for Members to read the documents an adjournment took place between (10.08am and 10.40am) where all parties left the meeting whilst the Members read the information.

The meeting recommenced at 10.40am where Sgt Enderby from Lincolnshire Police asked for a further adjournment as they needed more time to read the information submitted by the applicant and investigate the reference made to a company within the documentation. The applicant agreed with the proposal for an adjournment as long as it was brief.

(10.44am all parties left the meeting whilst the Committee decided whether to agree to the request for an adjournment)

Following on from the comments made by the police about the content of the documentation submitted and the quality of the photocopies Members felt that an adjournment would be a fair and reasoned approach and would prevent any possible prejudice to either party and it was agreed to adjourn the meeting to Friday 18th July 2014.

(11.00am all parties returned to the meeting).

The Solicitor to the Committee read out the decision.  In the interest of fairness the Committee believed that it was appropriate, in the circumstances for the matter to be adjourned to another date.  The Committee themselves had some concerns about the quality of some of the evidence that had been presented to them in particular the quality of some of the photocopies and asked the applicant, if at all possible to provide better quality copies, particularly the passports as it was difficult to see the evidence they contained.  The Committee agreed that the matter be adjourned until 18th July at 10.00am.

The meeting closed at 11.03am.