To consider an application for a review of a premise licence in respect of Planet Buffet, 47 Commercial Road, Hereford, HR1 2BJ called by The Licensing Authority as a Responsible Authority under the Licensing Act 2003.

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 21 May2025.

Prior to making its decision, the 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. 

Mr Spriggs, representing the licensing authority, provided details of the operations conducted by the multi-agency tasking and enforcement operation on 13 February and details of the ongoing investigation following the operation. It was explained that during the time of the raid it was observed that the premises was serving alcohol without a current Designated Premises Supervisor (DPS). 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 not minded to revoke it was proposed by the Licensing Authority that a condition be added to the premises licence regarding the employment of immigrants.

The Premises Licence Holder referred to the application made by the licensing authority. In summary, he explained that:

·       He requested that the licence was not revoked;

·       The fees that were not paid was due to the pandemic, it was not the intention of the licence holder to withhold payment. The fees had usually been paid as soon as the bill had been received;

·       The male that had been caught working in the premises had already returned to Malaysia; and

·       It was requested that the licence holder was given another chance.

Following questions it was confirmed:

·       In response to a question as to how the licence holder will comply with the licensing conditions in future it was explained that in the future illegal immigrants would not be employed and the licence holder would endeavour to examine the conditions to meet the requirements.

·       In response to a question regarding the non payment of fees and clarification that the fees had been owing from 2016, prior to the pandemic, the licence holder explained either the letter had not been received or had been lost therefore the payment was not made. It was not the intention to not make the payment.

Having carefully considered those matters brought before them and in reaching their decision, the Members had full regard to both the provisions of the Licensing Act 2003 (as amended by the Violent Crime Reduction Act 2006), the Guidance Issued under Section 182 and Herefordshire Council’s statement of licensing policy. 

DECISION

The Sub-Committee’s decision following a review of premises licence is as follows:

The premises licence shall be revoked.

REASONS

The Sub-Committee has taken into account all the evidence provided with the application for review brought by the Licensing Authority, presented in a report by Senior Licensing Officer, Emma Bowell and Harry Spriggs, Licensing Officer. The evidence we have considered was produced from a Multi-Agency Operation that took place on Thursday, 13 February 2025.

The Sub-Committee notes the grounds for review are the prevention of crime and disorder, in particular, the prevention of illegal working and immigration crime at a licensed premises

It was recognised that these are serious offences and that the request for a review was justified.

The Sub-Committee considered the submissions of the Premises Licence Holder carefully and took into account the length of time that the license had been held for.

The Sub-Committee acknowledged the Premises Licence Holder’s position that he did not deliberately fail to pay the licence fees. The Sub-Committee further acknowledged that the Premises Licence Holder stated he will monitor his licence conditions more strictly in the future.

However, the Sub-Committee was very concerned that there was evidence of a failure to comply with licensing conditions, including selling and/or supplying alcohol without a Designated Premises Supervisor in place.

The Sub-Committee further noted the number of suspensions of the licence as a result of failure to pay fees.

The Sub-Committee noted that it is the responsibility of the Premises Licence Holder to ensure they understand their legal obligations.

Taking into account the statutory guidance, the Sub-Committee was aware that where reviews arise and the licensing authority determines that the crime prevention objective is being undermined, it is expected that revocation of the licence – even in the first instance – should be seriously considered.

The Sub-Committee considered that the breach of immigration law is serious, together with the previous breaches of the licence and history of suspensions.

The Sub-Committee considered all options available to them, including whether additional conditions would be appropriate in this case. The Sub-Committee was not convinced that the premises licence holder will adhere to his licence conditions in the future, based on the evidence presented to them.

The Sub-Committee would also like it noted that they were disappointed West Mercia Police and Immigration were not in attendance to support the Licensing Authority in respect of their statements.