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.

No declarations of any interests were received.

General procedure points and hearing procedure for the meeting.

The Chair outlined the procedure to be used to conduct the meeting.

Report of Director (Customer and Digital) enclosed.

The Sub-Committee considered a report from the Director of Customer and Digital to determine the outcome of an application submitted by Lancashire Constabulary to review the premises licence at Tasty Bites, 106 Pall Mall, Chorley.

Before considering the report, the Licensing Officer informed the Sub-Committee of an inaccurate date recorded in the report. Members were informed that the Licensing Officer attended the premises with Lancashire Constabulary and UK Border Agency (UKBA) Officers on Thursday, 22 March 2018 and not 19 October 2017 as indicated in the report. The Licence Holder also informed Members that he submitted the transfer of his premises licence on 27 October 2017, not 2016 as stated in the report.

Members were informed that on 17 April 2018, an application for a review of the premises licence under the Licensing Act 2003 was received from Lancashire Constabulary acting in their capacity as a Responsible Authority. The reason for this application was given under the licensing objective for: The Prevention of Crime and Disorder, in that the premises were found to be employing someone who lacked the right to work in the UK. At this time, as required, the Responsible Authorities were also informed of the Review Application. Members’ attention was drawn to the Home Office Guidance issued which stated that revocation of the licence, even in the first instance, should be seriously considered.

It was reported that on Thursday, 22 March 2018, the Licensing Officer attended the Tasty Bites premises with the Police and UKBA Officers. During this visit a male was arrested for being an over stayer in the country with no visa allowing him to work. The owner was subsequently served with a Notice of Prosecution after he admitted to the officers that he was employing the illegal over stayer (a male) and he had not carried out document checks to confirm the employee’s right to work in the UK. It is a Home Office requirement that all employers must complete the required checks before employing a person. The licence holder, Mr Ismail Adam, clarified later in the meeting that he never admitted to employing the individual but advised that he was undertaking a trial period.

On 19 April 2018, a Notice of Review of the premises licence was posted at the site for a period of 28 days during which representations could be made. None of the Responsible Authorities or any other interested parties have submitted a representation during the consultation period.

An officer from Lancashire Constabulary advised that the Immigration Officer present at the time of the inspection had submitted a witness statement after the period of 28 days. As this was received after the notice period, the police officer requested that the Sub-Committee consider it as late evidence. Members and the licence holder agreed that this evidence could be submitted and copies of the witness statement were circulated. The police officer clarified that his colleague from Lancashire Constabulary attended the premises on Thursday, 22 March 2018 with a Licensing Officer from  ...  view the full minutes text for item 17.LAS.72