Agenda and minutes

The Vice-Chairman stated that the Committee’s thoughts and prayers were with the Chairman of the Committee, Councillor Pam Bosworth at this sad time as her husband had passed away at the beginning of the week.

Apologies for absence had been received from Councillor Pam Bosworth, Councillor Steve Cunnington, Councillor Patsy Ellis and Councillor Jane Kingman.

None disclosed.

The minutes of the meeting held on 11 December 2023 were proposed, seconded and AGREED.

Due to the restricted papers appended to the report the Committee were advised that if they wished to discuss these in detail then the Committee would need to exclude the press and public in accordance with Section 100A (4) of the Local Government Act 1972 (as amended) during consideration of the item of business because of the likelihood that otherwise exempt information, as described in paragraph (1 & 2) of the Act (as amended) would be disclosed to them.  It was proposed, seconded and AGREED to exclude the press and public.

Councillor Tim Harrison was in attendance at the meeting as he had intended to substitute for Councillor Steve Cunnington, however, as it was an Alcohol, Entertainment and Late Night Refreshment Licensing Committee substitutions were not allowed and Councillor Harrison remained as an observer. 

The Legal Advisor was about to address the Committee regarding the restricted papers appended to the report and the provision in the Constitution, ensuring that Members of the Committee were content with the non-Committee Member remaining in attendance during consideration of the item but at this point Councillor Harrison left the meeting and did not return.

Committee to determine an application to transfer a premises licence.

Decision

To reject the transfer of the Premise Licence 5065 for The Old Ship Inn, Bombay Brasserie, 22 High Street, Pointon, Sleaford.

The Legal Advisor introduced those present and confirmed who would be speaking in respect of the application.  Representatives were present from the Police and also on behalf of the Premises Licence in respect of the transfer to Chak27.

The Licensing Officer presented the report which concerned the transfer of a premise licence 5065 for The Old Ship Inn, 22 High Street, Pointon, Sleaford.

The application to transfer the premises licence was received on 12 March 2024. Section 43 of the Licensing Act 2003 provided a mechanism which allowed the transfer to come into immediate effect as soon as the Licensing Authority received it, until it was formally determined or withdrawn.  The applicant had indicated on the application that it was for immediate effect. Statutory consultations were undertaken and during the consultation period one representative was received from Lincolnshire Police as shown within the appendices attached to the report. 

Section 182 Guidance issued by the Home Office relating to the transfer of premises licence stated:

8.101 In exceptional circumstances where the chief officer of police believes the transfer may undermine the crime prevention objective, the police may object to the transfer. The Home Office (Immigration Enforcement) may object if it considers that granting the transfer would be prejudicial to the prevention of illegal working in licensed premises. Such objections are expected to be rare and arise because the police or the Home Office (Immigration Enforcement) have evidence that the business or individuals seeking to hold the licence, or businesses or individuals linked to such persons, are involved in crime (or disorder) or employing illegal workers.

The Police then made their representation and referred to the exceptional circumstances provided for in Section 182 of the Home Office Guidance. 

The visit to the premises where an illegal worker was found and what was said by the worker in relation to working at the premises and the fact that he had no right to work.  The premises was made up of the Old Ship Inn public house and the Bombay Brasserie restaurant and the previous premises licence covered both businesses although they were accessed by the public by separate doors.  The Police alleged that the Manager of the Bombay Brasserie knowingly employed someone who had no right to work in the Country and whose living conditions above the premises were cold and damp.  At the time of the visit, it was noted that the conditions attached to the premise licence that was currently being used was not fit for purpose and that there were breaches to the conditions including no CCTV and no training records. The person who had been working behind the bar at the time of the visit was only 17 years of age.  Reference was then made to the Premises Licence and the previous owners of the licence and the sub-letting of the premises and the offences for not  ...  view the full minutes text for item 48.

None.

The meeting closed at 11:00am.