Agenda and minutes

6.         Decision of the Sub-Committee

1.    The premises licence will be suspended for a period of 3 months. This will commence from the relevant time in accordance with S. 168 (2) Licensing Act 2003.

2.    Mr Adib Ahmed Bachhu will be removed as Designated Premises Supervisor and the Sub-Committee recommend that the personal licence held by Mr Bachhu be considered separately by the Licensing Authority.

3.    That the following conditions, as suggested by the Premises Licence Holder’s legal representative at the hearing be attached to the licence, namely:-

a.    That the Designated Premises Supervisor undertakes full responsibility for the recruitment of all workers employed at the premises on a full time or temporary basis.

b.    The Designated Premises Supervisor undertake right to work checks on all staff employed at the licensed premises;

c.    That copies of any document checked as part of a right to work are retained at the premises at all times the premises are open; and

d.    That copies of the right to work documentation are made available to the Licensing Authority, the Home Office and the Police for inspection on the premises, without notice at any time. .

7.            Reasons for the Decision

The Sub-Committee carefully considered the evidence, both written and oral, supplied in advance of and at the hearing by the Designated Premises Supervisor, Home Office and Police.

At the outset of the hearing, the Licensing Officer introduced the report to the Sub-Committee and outlined that an Illegal Working Compliance Order had been issued by Portsmouth Magistrates’ Court on 28 April 2017 for a period of twelve months. This was received by the Licensing Authority on 5 May 2017. In accordance with S. 167 (1A) Licensing Act 2003 this triggered the requirement for a review hearing to be held. The Licensing Officer explained the options available to the Sub-Committee for consideration in accordance with the licensing objectives, namely;

§  Modify the conditions of the premises licence

§  Exclude a licensable activity from the scope of the licence

§  Remove the Designated Premises Supervisor from the licence

§  Suspend the licence for a period not exceeding three months

§  Revoke the licence

The Home Office representatives outlined the background that had caused them to apply for the Illegal Working Compliance Order. It was confirmed that having received intelligence of illegal working at the Indian Tree restaurant, immigration enforcement officers visited the premises on 27 April 2017 where two individuals were found to be working illegally on the premises. One individual was served immigration paperwork and arrested for overstaying his visa, the second individual was served immigration paperwork and arrested for illegal entry.  The Premises Licence Holder was not present on the premises at the time the immigration enforcement officers arrived at the premises but following a telephone call from the officers, he attended the restaurant within 20 minutes. Immigration enforcement officers interviewed the Premises Licence Holder during which he denied all involvement, knowledge or employment of the two individuals found to be illegally working on  ...  view the full minutes text for item 1.