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 to ensure that all children are kept from harm; a refusal register and Challenge 25. 

The committee then heard from solicitor representing Mr Miah, the premises licence holder.   Mr Miah apologised for the incident.   It was explained that Mr Miah had traded for 24 years and been the premises licensee for 22 years.    He had not previously encountered difficulties which had brought the premises to the attention of the police and this he had dealt with as quickly as possible.    The trading standards recommendations had been carried out since the visit in June.   The matter before the committee primarily concernedthe employment of two illegal workers.    One worker had been employed for 12 months and shown Mr Miah documentation that he had a right to live and work in the UK   The second worker had been employed for 3 days and checks were being undertaken.    Mr Miah had taken advice on how to check whether people had the right to work in the UK and he took his duties and responsibilities seriously.   It was hoped that the committee would see that steps had been taken to rectify the situation.  Mr Miah employed 8 employees whose livelihood depended on the restaurant staying open.   If the licence was suspended or revoked, then Mr Miah may need to either sack people or close the business.     

Following questions, it was confirmed:

·         To the police’s knowledge there had been no issues with the premises.

·         The guidance from the Home Office on checking the rights to work or live in the UK were clear and there was also a suite of guidance available from the website.

·         There was evidence that the male employed for 12 months had been paid a wage.   Several customers present at the time of the visit had several customers spoke up to say he was their favourite waiter.   

·         Mr Miah had accepted the trading standards conditions.

The police circulated suggested conditions and the meeting was adjourned for all parties to discuss the proposed conditions.     When the meeting reconvened the premises licence holder confirmed that they would be happy to accept the conditions proposed by the police.      Two amendments were agreed as follows:

·         First condition in connection with CCTV, the words “if fitted” to be deleted.

·         The second condition in connection with SIA door staff on a risk assessment basis be deleted as it was not proportionate. 

The committee have carefully considered all the representations, reports and evidence before them today. They have had regard to their duties under S4 of the Licensing Act and considered guidance issued under s182 of the Licensing Act 2003 and Herefordshire’s statement of licensing policy. 

DECISION

The sub committee’s decision following a review of premises licence is as follows;

To take no action at this stage as conditions had been agreed but to issue a formal warning that the committee does not wish to see these premises before it in future.    The conditions agreed at the meeting are attached to this decision.

REASONS

The committee had taken into account the statement from West Mercia Police as regards the events of 14 June 2018 and the reasons why they were now seeking suspension or additional conditions on the licence.  The premises licence holder had admitted to employing persons in contravention of immigration law and apologised for it. It was recognised that this was a serious crime and that the request for a review was justified.

They took into account the 24 years that the premises licence holder had been involved with the premises and the fact this was the first time that the premises had been before the subcommittee. There was no evidence of a persistent failure to comply with licensing law and regulatory requirements.

Taking in to account the statutory guidance at 11.28 the committee was aware that where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.

While the committee considered that the breach of immigration law is serious, they considered it did not warrant revocation on this occasion and that a formal warning be issued.  If a condition in connection with immigration checks had not been agreed, then this would have been imposed by the sub committee.