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 Director of Customer and Digital submitted a report for the Licensing Act 2003 Sub-Committee to determine the outcome of an application submitted by Lancashire Constabulary to review the premises licence at Sagar Premier Indian Restaurant, Clayton Brook Road, Bamber Bridge, Chorley.

The Premises Licence Holder, Mr Badrul Mohammed Alom was unable to attend the meeting; his representative was present to make his representations to the Sub-Committee.

The Licence Holder’s representative requested that the Sub-Committee hearing be adjourned on the basis that the Licence Holder had been out of the country and was not aware of the hearing for Review of the Premises Licence until his return on 12 June 2018. The Licence Holder had set two meetings with his representative prior to the hearing which unfortunately he could not attend due to the ill health of his wife. Members were informed that although the Licence Holder and his representative had spoken over the telephone the day prior to the meeting, he felt this had not provided sufficient time to discuss the matter in detail and provide information. Members were reassured that the Licence Holder acknowledged the importance of the hearing and valued his business.

Members resolved to progress with the hearing but advised they could be minded to adjourn later in the meeting if it became apparent that the Licence Holder’s representative was not able to provide specific information due to the circumstances.

It was reported that on 27 April 2018, 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 illegal immigrants.

The Licensing Officer attended the premises on 26 April with the Police and Immigration Enforcement/Home Office Officers. During this visit a male was arrested for being an illegal overstayer in the country with no visa allowing him to work. The Licence Holder was not on the premises at the time an employee was served with a Notice of Prosecution on 27 April 2018 as the business was illegally employing a pending asylum seeker (a male) and document checks had not been carried out to confirm the employee’s right to work in the UK as required by the Home Office.

On 27 April 2018, a Notice of Review of the premises licence was also posted at the site for a period of 28 days during which representations could be made. As required, the Responsible Authorities were informed of the Review Application. It was understood that no other representations were submitted during the consultation period. Member’s attention was drawn to the Guidance issued by the Secretary of State under Section 182 of the Act and the Home Office Guidance issued which stated that revocation of the licence, even in the first instance, should be seriously considered.

Following queries, Members were reassured that the council were not aware  ...  view the full minutes text for item 17.LAS.75