To elect a chairperson for the meeting.

Councillor PGH Cutter was elected as chairperson for the meeting.

To receive apologies for absence.

To receive any details of Members nominated to attend the meeting in place of a Member of the committee.

There were no substitutes present at the committee meeting.

To receive any declarations of interest by Members in respect of items on the agenda.

There were no declarations of interest.

To consider an application to transfer the premises licence in respect of: ‘mila, 102-104 Belmont Road, Hereford, HR2 7JS.

Members of the licensing sub committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda and the background papers.

Prior to making their decision the members heard from Fred Spriggs, licensing officer, DS Duncan Reynolds, West Mercia Police and Anita Szporak.

The police requested that the meeting be moved to a closed session due to the confidential nature of the information being provided to the sub committee in relation to their objection.    The committee agreed that the public interest was outweighed based on the information being provided by the police and agreed to move to closed session and excluded all members of the public.   In this particular instance, Ms Szporak was also excluded due to the nature of the information being provided. 

The meeting remained in closed session and invited Ms Szporak to join the meeting to provide her response to the objection from the police.  

The sub committee then moved into private session in order to discuss the information which had been provided by both the police and Ms Szporak.  

The committee moved into open session for the decision. 

DECISION

The sub committee’s decision is to refuse the request to transfer the premises licence to Ms Szporak. 

REASONS

The committee had taken into account the representations and that it was necessary for a committee meeting to be convened.    It was noted that the police’s objection to the transfer of the premises licence was exceptional.    On the basis of the confidential information provided, the sub committee determined that the transfer of the premises licence to Ms Szporak would undermine the crime and disorder licensing objective.  

To consider an application to be the Designated Premises Supervisor on the premises licence in respect of ‘Mila, 102-104 Belmont Road, Hereford, HR2 7JS.

As the application to transfer the premises licence had been refused, this item was withdrawn from the committee’s agenda. 

To consider an application for a review of a premise licence in respect of Taste of India, 52 West Street, Leominster. HR6 8UE called by Police Sergeant 3456 Reynolds of West Mercia Police.

Members of the licensing sub-committee from the council’s planning and regulatory committee considered the above application, full details of which appeared before the Members in their agenda, the background papers and the supplement issued on 9 August 2018.       

Prior to making their decision the members heard from Fred Spriggs, Licensing Officer, Leah Wilson, Trading Standards Officer and Sergeant Duncan Reynolds.   The committee also heard from Mr Nick Semper, premises licence holder’s agent and Mr Hafiz Ali.    

West Mercia Police outlined their representation in connection with the review which included:

West Mercia Police were part of a multi agency target enforcement strategy (MATE) and were part of a 3 day operation between Gangmaster Labour Abuse Authority.   The purpose of the operation was to visit high risk premises in Leominster, such as restaurants, fast food outlets, car washes, etc.   This was not an intelligence led operation but was fact finding.

·           The Taste of India, 52 West Street, Leominster was a low profile business and not come to attention of the police before this.  

·         A MATE operation had taken place at the premises on 14 June 2018 which had been open for business.  

·         Two males were detained who had admitted to working illegally.   Both males had no right to work in the UK.  

·         A civil penalty notice had been served on the manager of the business. 

·         Employment of illegal immigrants is a criminal offence and is viewed as a serious matter as set out in the S182 statutory guidance and states that revocation even at first occurrence should be considered.

·         The police had had contact from the agent.  

·         The police’s approach was to education and ensure compliance and this was Mr Ali’s first occasion of employing illegal workers, conditions had been agreed with the premises licence holder’s agent and therefore a warning in this case would be appropriate

The trading standards officer explained that since the sub committee meeting on 6 August, the trading standards representations had been agreed.  

Mr Semper explained:

·           That the reason for the review had been addressed through the minor variation and the only outstanding issue was the immigration point.   The police had indicated that they wished to withdraw the review.

·           The restaurant had been in operation for 10 years and had not be brought to the attention of the police before the visit in June. 

·           Mr Ali had been in desperate need of a kitchen porter and had eventually recruited one through a telephone call.   Mr Ali had started the required employment checks but had been informed that the papers had been lost and replacements were being sought.   Unfortunately, Mr Ali had not followed this up.

·           With regard to the second gentlemen, he was a friend of Mr Ali and had been visiting him and was not employed by restaurant.  

·           All existing staff had been checked and all immigration statuses had now been checked in accordance with the Home Office check list and the records would be kept.  

·           Training has been undertaken on Monday 3 September for all  ...  view the full minutes text for item 23.

To consider an application for a review of a premise licence in respect of Summer Palace Oriental Restaurant, 60 Widemarsh Street, Hereford. HR4 9HG called by Police Sergeant 3456 Reynolds of West Mercia Police.

As the premises licence for Summer Palace Oriental Restaurant had been surrendered, the review was dismissed as there was no licence to review.