Agenda and minutes

Members are reminded of their responsibility to declare any pecuniary interest in respect of matters contained in this agenda.

If you have a pecuniary interest you must withdraw from the meeting. Normally you should leave the room before the business starts to be discussed. You do, however, have the same right to speak as a member of the public and may remain in the room to enable you to exercise that right and then leave immediately. In either case you must not seek to improperly influence a decision on the matter.

There were none.

General procedure points and hearing procedure for the meeting.

The Chair outlined the procedure to be followed at the hearing.

Report of the Chief Executive attached.

The Chief Executive submitted a report for the Licensing Act 2003 Sub-Committee advising members of an application for the review of a premises licence served by Mr Nathan Howson for and on behalf of the Licensing Authority, Chorley Borough Council in its role as Responsible Authority in respect of the premises Daisy Tandoori, 44 Steeley Lane, Chorley.

The Premises Licence Holder (PLH) Mr.Monir Uddin, was present, and he was accompanied by his legal representative, Mr Mohammed Hussain, of Maya Solicitors.

The Applicant for Review, Mr Nathan Howson, Licensing Enforcement Team Leader, was present.

MsAzimah Sultana, UKBA Immigration Compliance and Enforcement (Responsible Authority who had made representations in respect of the application to review), was present.

The Sub-Committee were asked to approve the requests received under Regulation 8, allowing eligible parties to the hearing to speak. These requests were approved by the Sub-Committee.

Presentation of the report

Mr. Usman Gazra (Enforcement Officer - Licensing), presented the Committee report which explained that on 24 January 2023, an application for review of the premises licence was received from Mr Nathan Howson, Licensing Enforcement Team Leader for and on behalf of the Licensing Authority, Chorley Borough Council. The application concerned the Prevention of Crime and Disorder being undermined at the premises.

The grounds for review were as follows:

The licensing objective of The Prevention of Crime and Disorder is being undermined at the

premises in that a person who was not permitted to work in the United Kingdom by reason of

his immigration status was found to be working on the premises. There was another person

found to be working who was working in breach of his immigration bail conditions.

Copies of information received in relation to visit undertaken by the Home Office Border Agency officers and a previously issued caution by Chorley Brough Council was provided at Appendix 2b and 2c to the report.

Mr Gazra advised following consultation with responsible authorities, Home Office immigration enforcement made representations to the application. The representations were provided at Appendix 3 to the report.

Presentation of Case by the Applicant

The Applicant for Review, Nathan Howson, Licensing Enforcement Team Leader for and on the behalf of the Licensing Authority, explained that an application for review of the premises licence was submitted on the grounds that the licensing objective of The Prevention of Crime and Disorder, was being undermined at the premises.

Mr Howson explained that the application for review arose from a targeted immigration visit to the premises on 21.10.2022 which revealed two persons on the premises who were not entitled to work in the UK, one overstayer who was arrested and one in breach of his bail conditions entitled to be in UK but  who did not have the right to work. 

Mr Howson referred to Appendix 1 of the report which was an email from Immigration Compliance and Enforcement showing another overstayer was arrested at premises in 2013 so this current incident was not isolated.

He also cited Appendix  ...  view the full minutes text for item 20.3