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 meeting.

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

In the opinion of the Proper Officer, the following item will not be, or is likely not to be, open to the public and press at the time it is considered.

RECOMMENDATION:           that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1       Information relating to any individual.

7       Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

RECOMMENDATION:        that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

Sub committee members were advised that due to the nature of the information to be presented it was recommended that items 5 on the agenda be heard in private.

Resolved:

that that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

To consider an application for a transfer of a premises licence in respect of Jalsagor, 60 St Owen Street, Hereford. HR1 2JQ under the Licensing Act 2003.

Members of the Licensing Sub-Committee of the council’s Planning and Regulatory Committee considered the above application, full details of which appeared before the members in their agenda and the reports published on 25 July 2025.

Prior to making its decision, the Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee.

Members heard representations from West Mercia Police and the Home Office Immigration service.

West Mercia Police made the following principal points:

·       The Police objected to the transfer application on the grounds of the prevention of crime and disorder licensing objective

·       The premises licence was currently under review due to an operation recently which had discovered an illegal worker in the kitchen of Jalsagor. The employment of illegal workers was considered a serious crime.

·       On 2 May 2025 a joint partnership operation took place at Jalsagor and the applicant for the transfer of licence was present at the premises acting as the Designated Premises Supervisor (DPS). The illegal worker had been found in the kitchen, working in breach of his visa conditions.

The immigration service (who were present at the hearing to assist West Mercia Police) made the following principal points:

·       The Home Office Immigration Service were in attendance when the operation was conducted on 2 May 2025 and encountered an illegal worker at the restaurant.

·       A licence had first been granted to Jalsagor in 2006 and since this time a number of illegal workers had been discovered working at the premises.

The legal representative of the applicant made the following principal points:

·       It was confirmed that the applicant had not been involved with the premises prior to April 2025 and therefore the history of offences outlined by the Police and Immigration Service was not relevant to the determination of the application to transfer the licence.

·       The applicant for the transfer of licence did not accept the contention that he was aware of illegal worker. He had commenced his involvement with the restaurant on 1 April and had no knowledge of illegal workers before that time. He had first met the alleged illegal worker on 1 May.

·       Checks had been undertaken online regarding the status of the employee. The checks had indicated that the worker was allowed to work for their sponsor and part time, up to 20 hours per week in a supplementary role. The role in the kitchen had been checked and it was defined as a permissible role to undertake. Evidence contained in the bundle of papers showed that checks had been undertaken on the status of worker.

Following questions it was confirmed:

·       To provide clarification, in response to a question regarding the experience of the applicant, it was confirmed that this was the first business the applicant had owned and run. He had no previous experience of employing people and this was his first attempt at running a restaurant.

·       In response to a question regarding what had been put in place to avoid a repeat of the issues it was confirmed  ...  view the full minutes text for item 5.

In the opinion of the Proper Officer, the following item will not be, or is likely not to be, open to the public and press at the time it is considered.

RECOMMENDATION:           that under section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in Schedule 12(A) of the Act, as indicated below and it is considered that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

1       Information relating to any individual.

7       Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

RECOMMENDATION:        that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

Sub committee members were advised that due to the nature of the information to be presented it was recommended that items 6 on the agenda be heard in private.

Resolved:

that that under Regulation 14(2) of the Licensing Act 2003 (Hearings) Regulations 2005, the public be excluded from the meeting as it is considered that the public interest in doing so outweighs the public interest in the hearing, or that part of the hearing, taking place in public.

To consider an application for a review of a premises licence in respect of Jalsagor, 60 St Owen Street, Hereford. HR1 2JQ  called by the Licensing Authority as a Responsible Authority under the Licensing Act 2003.

Members of the Licensing Sub-Committee of the council’s Planning and Regulatory Committee considered the above application, full details of which appeared before the members in their agenda and the reports published on 25 July 2025.

Prior to making its decision, the Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee and members heard representations from Nik James on behalf of the licensing authority. 

Mr James, representing the licensing authority, provided details of the operations conducted by the multi-agency tasking and enforcement operation on 2 May 2025 and details of the ongoing investigation following the operation. It was explained that during the time of the operation it was observed that the premises was employing illegal workers and several conditions on the licence were not being followed. The Sub-Committee was informed of the section 182 guidance and actions that may be taken in the event of illegal working being found to have been employed at a premises with a licence. A number of licence reviews concerning Jalsagor had been undertaken previously and the history of these reviews was outlined. Due to this long history of immigration offences the licensing authority sought the revocation of the licence.

West Mercia Police made the following principal points:

·       West Mercia Police supported the review, there was a long history of immigration offences at the premises and evidence of a lack of adherence to the terms of the licence.

·       On 2 May 2025 an illegal worker had been discovered working in the kitchen.

The immigration service made the following principal points:

·       Intelligence of illegal workers at Jalsagor had led to the operation conducted on 2 May 2025. During the operation an illegal worker was witnessed working in the kitchen.

·       The restaurant had a history of illegal workers.

·       The circumstances of employment at the restaurant and the residence of workers on the premises was a cause for concern.

The Fire and Rescue Service made the following principal points:

·       The Fire Services had attended the operation on the 2 May and supported the application due to fire safety issues discovered on the premises.

The legal representative of the premises licence holder referred to the application made by the licensing authority. In summary, he explained that:

·       On behalf of the client the application for review was opposed. The client did not agree with the comments made by relevant authorities and had no involvement in the history of the premises or the earlier immigration offences.

·       In assessing the problems at the premises, concerning immigration matters, the sub-committee should seek to determine the root cause. It could not be claimed that the new premises licence holder was culpable as he had no earlier involvement with the restaurant and had sought to undertake proper checks before employing staff.

·       Evidence had been provided that the new premises licence holder had taken on the restaurant and met all ongoing responsibilities such as business rates, council tax and had become the new designated premises supervisor.

·       With respect to the illegal worker  ...  view the full minutes text for item 7.