Agenda and minutes

Members are asked to disclose any interests in matters for consideration at the meeting.

None disclosed.

                                                                                                            (Enclosure)

The minutes of the meeting held on 4th July 2014 were agreed as a correct record of the decisions taken.

The Committee to determine whether or not to hold a hearing

(To follow)

The Committee agreed to change the format of the agenda and dealt with agenda item 5 first.

Decision:

That the Committee agree that a hearing is not necessary with regard to the application for a new premises licence for Gurkha 91, 77 Manor Way, Deeping St James.

In the interests of accuracy one of the Committee Members clarified that 77 Manor Way was in Deeping St James, not Deepings or Market Deeping as stated in some of the paper work circulated.

The Solicitor to the Committee introduced those present and confirmed who was present from Lincolnshire Police, Sergeant Kim Enderby Licensing and Alcohol and PC Ian Figgett.

The Licensing Officer presented her report which concerned an application for a premises licence for the premises known as Gurkha 91, 77 Manor Way, Deeping St James.

The application had stated that 24hour opening was required as well as recorded music, late night refreshment and the sale of alcohol.  Following contact with the applicant it had been established that the applicant had made a mistake when completing the form.  He intended to play background/piped music which was not a licensable activity and the premises were to be open between 12:00hrs and 00:00hrs.  An objection was received from the Police, to the application. Following discussions between the Police and the applicant conditions had been attached to the licence concerning CCTV and the restrictions on the sale of alcohol to which the applicant had agreed.  Both the applicant and the police had agreed that a hearing was not necessary and it was for the Committee to also agree that a hearing was not necessary.  

A Member asked if there was help for prospective applicants when completing the form. The Licensing Officer replied that there was information on the website, directing them to the responsible authorities involved in an application and also the Licensing Section were happy to make appointments with applicants to help them complete forms.  Unfortunately, an application could be made from anywhere in the country and once it was submitted it was submitted.

As the applicant had agreed to the conditions asked for by the police, it was proposed, seconded and unanimously agreed that a hearing was not required.

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.