To consider a review of a premises licence in respect of the Jalsagar Restaurant, 60 St Owens Street, Hereford, HR1 2PU.

The Regulatory Sub-Committee was convened in order to determine an application for a review of a premises licence in accordance with Section 51 of the Licensing Act 2003. The Review had been applied for by West Mercia Police based on the licensing objectives regarding the prevention of crime and disorder.

The Chairman introduced the Members and Officers and asked any interested parties to introduce themselves. He advised them of the hearing procedures and then asked the Licensing Officer to present the report.

The Licensing Officer advised the Sub-Committee that an application to change the Designated Premises Supervisor had been received. He also advised the Sub-Committee in respect of a condition recently applied to the licence of another restaurant who had been the subject of a similar review which required them to be in receipt of all of the relevant documentation for their employees subject to employment being commenced.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr James Mooney, representing West Mercia Police who had applied for the review, addressed the sub-committee. He made a number of points, including:

• The premises had been subject of two warrants in 2011 as part of a joint operation with the UK Border Agency.
• During the operations 3 males had been detained as well as 1 further student who was in breach of his visa.
• At the time of the operations Mr Abadan was the manager of the premises.
• At present the fine resulting from the operations had not been paid and no appeal had been lodged.
• West Mercia Police were seeking revocation of the licence.

In accordance with the Licensing Act 2003 (Hearings) Regulations 2005, Mr Hucker, the premise licence holder’s legal advisor, addressed the sub-committee. He raised a number of points, including:

• The situation was unacceptable and his clients apologised.
• His clients had not been charged with a criminal offence.
• Negotiations were ongoing in respect of the payment of the fine with a suitable payment plan being put in place.
• The review process was not a punitive exercise and any actions should necessary and proportionate.
• The premises had been open since 2004.
• The punishment imposed by the UK Border Agency was a sufficient deterrent and his clients would not allow themselves to be in a similar situation again.
• The new DPS, Mr Ahmed, had considerable experience as a manager and owner of a number of restaurants throughout the country.
• The condition referred to by the Licensing Officer would address the concerns of the Police and would be proportionate.
• This was the first review of the premises and therefore revocation of the licence would not be fair or proportionate.

The Sub-Committee retired to make their decision, the Council’s Legal Advisor and the Democratic Services Officer also retired to assist them with legal and procedural matters.

RESOLVED

That the following condition be added to the licence in respect of the Jalsagar Restaurant, 60 St Owen’s Street, Hereford, HR1 2PU.

1          A log book must be kept at the premises and made immediately available on request to an authorised person (as defined by Section 13 of the Licensing Act 2003) or the Police. The log book must record the following:

a)            Details of all persons employed at the premises in any capacity.

b)            Date of birth of the person.

c)            The full name of the person.

d)            Their current address.

e)            Their national insurance number.

f)             Their passport details.

g)            In respect of EU citizens, proof of a current EU passport, national insurance card, P45 or P60 shall be provided.

h)            In respect of non EU citizens, a passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the United Kingdom, has the right of abode in the United Kingdom, or has no time limit on their stay in the United Kingdom must be provided.

            All such information shall be recorded prior to them working at the premises. All information detailed above to be supported by a copy of the relevant document.