Agenda and minutes

Venue: Online meeting/Conference Room 1 - Herefordshire Council, Plough Lane Offices, Hereford, HR4 0LE

Contact: Matthew Evans  Democratic Services

Items
No. Item

8.

Apologies for Absence

To receive apologies for absence.

Minutes:

No apologies for absence were received.

9.

Named Substitutes (if any)

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

Minutes:

There were no substitutes present at the meeting.

10.

Declarations of Interest

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

 

Minutes:

There were no declarations of interest made.

11.

Exclusion of public and press

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.

 

Minutes:

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.

 

12.

Review of a premises licence in respect of: Sizzler, 3 Union St, Hereford, HR1 2BT called by the Licensing Authority as a Responsible Authority- Licensing Act 2003

Review of a premises licence in respect of: Sizzler, 3 Union St, Hereford, HR1 2BT called by the Licensing Authority as a Responsible Authority- Licensing Act 2003.

Minutes:

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 24 July 2025.

 

Prior to making its decision, the Senior Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee and members heard representations from Harry Spriggs on behalf of the licensing authority, Home Office Immigration Enforcement and West Mercia Police.

 

Mr Spriggs, 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. The Sub-Committee was informed of the section 182 guidance and actions that may be taken in the event of illegal immigrants being found to have been working at a premises with a licence. The licensing authority sought the revocation of the licence. However, if the Sub Committee was minded not to revoke, it was proposed by the Licensing Authority that a condition be added to the premises licence regarding right to work checks for employees prior to the commencement of employment.

 

 

The immigration service made the following principal points:

 

·       An enforcement visit was undertaken on 2 May in accordance with the Licensing Act 2003.

·       On 30 July a penalty was issued due to one individual had been found in breach of work conditions.

·       The illegal worker detained was on a student visa who could work for 20 hours per week but had been found working in excess of 20 hours per week.

·       Evidence collected had demonstrated that the employer had not undertaken the necessary employment checks.

 

West Mercia Police made the following principal points:

 

·       The Police had devised the MATES operation on 2 May acting on intelligence of illegal workers in the area of Union Street.

·       During the operation on the premises an illegal worker had been identified in Sizzler by immigration services.

·       There had been previous reports of disorder at Sizzler which had been attended by Police and evidence of identity theft had been discovered.

·       It was confirmed that the immigration offence had been the first offence by the current ownership.

 

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

 

·       The illegal worker had been given work at Sizzler and a check had been undertaken on the ID held.

·       It was understood that the worker was entitled to work for 20 hours per week as a student and when on holiday could be allocated more than 20 hours per week.

 

 

Following questions it was confirmed:

 

·       The worker had been provided with extra hours above the permitted 20 during half term or when on holiday from university.

·       Meals from the shop, living accommodation above the shop and transportation to the airport was provided to the worker in lieu of wages which ensured a rate of pay above the minimum wage.

·       Following the fire enforcement notice that had been applied to the premises  ...  view the full minutes text for item 12.