Councillor PGH Cutter was elected chairperson for the meeting.  

To receive apologies for absence.

Apologies for absence were received from Councillor DW Greenow. 

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

Councillor PGH Cutter substituted for Councillor DW Greenow

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

To consider an application for a review of a premise licence in respect of Balti Shabagh, 16 Burgess Street, Leominster, HR6 8DE called by Police Sergeant 3456 Reynolds of West Mercia Police.

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 background papers.

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 the premises licence holder solicitor, and the premises licence holder, Mokbul Miah.  

West Mercia Police outlined the reasons for their review which included:

·         The licensing sub committee will have seen an Increase of number of restaurants and fast food outlets being brought to its attention in relation to immigration issues.   There are a range of options open to the responsible authorities due to government agencies taking a coordinated approach to deal with modern slavery, human trafficking, etc.   If people were found not to have a right to work or live in the UK, they were often housed at the same premises which were unsafe and not health and safety compliant. There were options available to the various agencies and one option was to ask the licensing sub committee to review the licence. 

·         As part of these visits, there were a range of different types of people who had entered the UK; such clandestine which was illegal entry to the UK with no trace on the immigration database.   This type of entry could be organised.   Other types were asylum seeks who were within the asylum granting process but had no right to work in the UK.  

·         The Balti Shabagh was a well established premises at 16 Burgess Street, Leominster and had a licence for the sale and supply of alcohol. 

·         The business had a low profile and had not been brought to the attention of the police prior to this review. 

·         The police were involved in a Multi Agency Targeted Enforcement Strategy (MATES) group which was comprised of a number of agencies including the fire service, UK Border and Immigration Service, HMRC and various departments within Herefordshire Council.     The purpose of the group was to ensure legal compliance and to target premises where there was intelligence to suggest that there was significant risk of harm to anyone who works or uses the premises.

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

·         As part of the visit on 14 June, one male ran from the premises and was detained.   The male admitted to working at the restaurant and was found to have no right to live or work in the UK.  The second person had a right to be in the UK but not to work. 

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

·         The police are now of the view that a suspension or additional conditions may be more appropriate.   

The trading standards officer outlined the conditions which trading standards would like to appear on the licence.   These included a minimum level of training for all staff  ...  view the full minutes text for item 9.

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 of 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 the premises licence holder’s agent.   It was noted that the Mr Ali, the premises licence holder was not present. 

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. 

The trading standards officer outlined the conditions which trading standards would like to appear on the licence.   These included a minimum level of training for all staff to ensure that all children are kept from harm; a refusal register and Challenge 25.  These conditions had not been agreed.

Mr Semper stated that he was sorry that his client was not present and would have like to apologise unreservedly to the committee.   Mr Ali had instructed him straightaway after the MATE visits.   

The majority of the concerns had been met through the minor variation to the licence.   His understanding was that the police now wished to withdraw their review.     

The issue of training condition had not been agreed because in Mr Semper’s opinion, it was not proportionate nor appropriate and would be at an unnecessary high cost to his client.   Mr Semper offer this training and was in the process of arranging a session.    It was pointed out that the employment of Indian restaurant staff was transient and it was not proportionate nor appropriate to give training to a transient workforce.   The condition proposed by Mr Semper had been accepted at other local authorities and should be accepted  ...  view the full minutes text for item 10.

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.

This item was adjourned until the meeting to be held on 5 September 2018 at 10.00 am.