To consider an application for a review of a premises licence in respect of The Taste of Raj, 67 St Owen Street, Hereford. HR1 2JQ called by Police Sergeant 3456 Reynolds of West Mercia Police.

Members of the licensing sub-committee from 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 4 March 2019.       

Prior to making their decision, the members heard from Emma Bowell, Technical Licensing Officer, Leah Wilson, Trading Standards Officer and Sergeant Duncan Reynolds of West Mercia Police. The committee also heard from the premises licence holder.

Sgt Reynolds explained that West Mercia Police were involved in the Multi Agency Targeted Enforcement (MATE) group, which was made up of a wide range of partner agencies including UK Border and Immigration Service and various departments within Herefordshire Council. On Monday 17 December 2018 an intelligence led MATE operation took place, with officers from the police and the UK Border Agency attending the Taste of Raj. The premises were a well established business which had not come to the attention of the police prior to this incident. The operation, which took place when the premises were open to the public, resulted in the following:

·         Discovery of one male in the kitchen area who made as if to leave the premises by the rear exit from the kitchens when officers entered, this individual was found to be a Bangladeshi national with no right to be in the UK or to work in the UK;

·         This individual had the appearance of having been involved in the preparation of food at the premises;

·         Discovery of a second male, also a Bangladeshi nation, in the living accommodation, this individual was found to have overstayed his entitlement to be in the UK;

·         A search of the room where the second individual was found revealed clothing used by waiting staff which he admitted was his;

·         Both individuals were arrested.

Sgt Reynolds reminded the sub committee that employment of illegal immigrants was viewed as a serious matter and that guidance in Section 182 of the Licensing Act 2003 indicated that serious consideration should be given to revoking a premises licence even if the failure was the first occasion.

However, due to this being the first occasion that this premises had been found breaching immigration legislation, West Mercia Police felt that a licence suspension and application of conditions to the premises licence were proportionate. It was noted that the current premises licence had no conditions attached to it, which was felt to be inadequate with regards to promoting the licensing objectives.

West Mercia Police had provided a suggested list of conditions to the licence holder, which were listed in the supplement to the report.

The sub committee heard from Trading Standards that conditions had been requested which were of a standard nature for this type of premises and that no correspondence had been received from the premises licence holder.

It was established that the premises licence holder had not received a copy of the suggested conditions from Trading Standards. The sub committee adjourned while a copy was provided for him to read.

The sub committee then heard from the premises licence holder. He stated that:

·         The individual found in the upstairs sleeping quarters was not working at the premises but was visiting a friend;

·         The individual found downstairs was visiting a family member and was also not working at the premises;

·         He understood and was content to accept the conditions suggested by West Mercia Police and Trading Standards.

Following questions it was confirmed that:

·         The Police believed that the individuals detained were working at the premises, the individual found in the kitchen had made to run when officers entered and was found to have splashes of food on his clothing, this individual had been found to have an ongoing asylum claim and so was no allowed to take employment while this was processed;

·         The individual found upstairs had no right to be in the UK at all, had admitted that the clothing found, which was typical of waiting staff, was his and did originally say that he was working but subsequently changed his mind;

·         The premises licence holder did not control the upstairs area, which was rented out.

DECISION

The decision of the licensing sub committee was to allow the licence to remain in place with the following conditions:

·         CCTV (IF FITTED) will be provided in the form of a recordable system, capable of providing pictures of EVIDENTIAL QUALITY in all lighting conditions particularly facial recognition.

Cameras shall encompass all ingress and egress to the premises, fire exits, outside areas, and all areas where the sale/ supply of alcohol occurs.

Equipment MUST be maintained in good working order , be correctly time and date stamped , recordings MUST be kept in date order, numbered sequentially and kept for a period of 31 days and handed to Police on demand.

The Premises Licence Holder must ensure at all times a DPS or appointed member of staff is capable and competent at downloading CCTV footage in recordable media format, an authorised Herefordshire Trading Standards Officer or the Local Authority on demand.

The Recording equipment and tapes/discs shall be kept in a secure environment under the control of the DPS or other responsible named individual. An operational daily log report must be maintained endorsed by signature, indicating the system has been checked and is compliant, in the event of any failings actions taken are to be recorded.

In the event of technical failure of the CCTV equipment the Premises Licence holder/DPS MUST report the failure to the Police on contact number ‘101’ immediately.

·         The Premises Licence Holder or DPS or a person nominated by them in writing for the purpose will employ SIA door staff on a risk assessed basis.  The risk assessment shall be in writing and shall be made immediately available on request to an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or the Police

·         All existing staff shall be trained on appropriate steps to promote the Licensing Objectives within three months of the date this condition appears on this licence.  All new staff shall be similarly trained within one month of taking up employment.

All staff shall be re-trained twelve monthly thereafter.

The training shall included:

Drugs Awareness

Conflict resolution

Selling to under age person

Selling to drunks

·         Training records shall be kept on the premises which shall show the area of training covered, the date of the training, the name of the person and shall be signed by the trainer and trainee.  This shall be produced to the police, an authorised Herefordshire Trading Standards Officer or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) on demand.

·         The premises shall operate a Challenge 25 Policy. Such policy shall written down and kept at the premises. The policy shall be produced on demand of an authorised person’ (as defined by Section 13 of the Licensing Act 2003), an authorised Herefordshire Trading Standards Officer or the police.  Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any bar advertising the scheme operated.

·         A written or electronic register of refusals will be kept including a description of the people who have been unable to provide required identification to prove their age.  Such records shall be kept for a period of 12 months. It will be collected and reviewed on a weekly basis by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

·         The premises licence holder shall permanently engage the services of an     immigration advisor, as agreed in writing with the Licensing Authority, who shall undertake a review of all existing employees at the premises and to check entitlement to live and work in the UK and thereafter independently verify prospective employees’ right to live and work in the UK prior to the employee being engaged to work at the premises.

The premises licence holder will ensure that each employee will be subject to the same checks every 12 months from the date of the previous check.

·         All staff engaged in the sale of alcohol to be trained in responsible alcohol retailing to the minimum standard of BIIAB level 1 or any equivalent training course within 1 month of commencing employment at the premises. Where there are existing staff this training shall be completed within 3 months of the date that this condition first appears on the licence. No person shall be authorised to sell or supply alcohol until this training is completed.  Refresher training will be conducted at 12 monthly intervals.  Training records shall be kept on the premises and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

·         A written or electronic register of refusals will be kept including a description of the people who have been unable to provide required identification to prove their age. Such records shall be kept for a period of 12 months. It will be collected and reviewed on a weekly basis by the Designated Premises Supervisor and produced to the police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council on demand.

·         The premises shall operate a Challenge 25 Policy. Such policy shall be written down and kept at the premises. The policy shall be produced on demand of the Police or an ‘authorised person’ (as defined by Section 13 of the Licensing Act 2003) or an authorised Trading Standards Officer of Herefordshire Council.  Prominent, clear and legible signage (in not less than 32 font bold) shall also be displayed at all entrances to the premises as well as at, at least one location behind any sale area advertising the scheme operated.

REASONS

The committee had taken into account all the statements from the parties present. The sub committee noted that this was the first occasion that the premises had been alleged to have employed illegal immigrants and felt that a suspension of the licence would be inconsistent with previous decisions. The addition of conditions to the licence, which the premises licence holder had agreed to, would promote the licencing objectives.