To consider an application for a transfer of a premises licence in respect of Jalsagor, 60 St Owen Street, Hereford. HR1 2JQ 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 25 July 2025.

Prior to making its decision, the Licensing Technical Officer presented the report which outlined the options available to the Sub-Committee.

Members heard representations from West Mercia Police and the Home Office Immigration service.

West Mercia Police made the following principal points:

·       The Police objected to the transfer application on the grounds of the prevention of crime and disorder licensing objective

·       The premises licence was currently under review due to an operation recently which had discovered an illegal worker in the kitchen of Jalsagor. The employment of illegal workers was considered a serious crime.

·       On 2 May 2025 a joint partnership operation took place at Jalsagor and the applicant for the transfer of licence was present at the premises acting as the Designated Premises Supervisor (DPS). The illegal worker had been found in the kitchen, working in breach of his visa conditions.

The immigration service (who were present at the hearing to assist West Mercia Police) made the following principal points:

·       The Home Office Immigration Service were in attendance when the operation was conducted on 2 May 2025 and encountered an illegal worker at the restaurant.

·       A licence had first been granted to Jalsagor in 2006 and since this time a number of illegal workers had been discovered working at the premises.

The legal representative of the applicant made the following principal points:

·       It was confirmed that the applicant had not been involved with the premises prior to April 2025 and therefore the history of offences outlined by the Police and Immigration Service was not relevant to the determination of the application to transfer the licence.

·       The applicant for the transfer of licence did not accept the contention that he was aware of illegal worker. He had commenced his involvement with the restaurant on 1 April and had no knowledge of illegal workers before that time. He had first met the alleged illegal worker on 1 May.

·       Checks had been undertaken online regarding the status of the employee. The checks had indicated that the worker was allowed to work for their sponsor and part time, up to 20 hours per week in a supplementary role. The role in the kitchen had been checked and it was defined as a permissible role to undertake. Evidence contained in the bundle of papers showed that checks had been undertaken on the status of worker.

Following questions it was confirmed:

·       To provide clarification, in response to a question regarding the experience of the applicant, it was confirmed that this was the first business the applicant had owned and run. He had no previous experience of employing people and this was his first attempt at running a restaurant.

·       In response to a question regarding what had been put in place to avoid a repeat of the issues it was confirmed that the applicant had received legal advice and that the applicant was aware of how to undertake employment checks.

·       There was no evidence contained in the bundle of the company used to undertake the pre-employment checks or who had undertaken the checks. It was highlighted that the applicant had attempted to undertake checks to ascertain the right of individual to work.

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 an application to Transfer the premises licence for Jalsagor is as follows:

The premises licence shall be transferred to Spice of Hereford Limited.

REASONS

The Sub-Committee has fully considered the detailed report by Senior Licensing Officer Emma Bowell,  the application and written representations in the report pack, as well as the evidence presented at the hearing by the representative of the applicant and the applicant who attended the hearing. The Sub-Committee also considered the evidence presented by West Mercia Police assisted by the Immigration Service.

The Sub-Committee has taken into account the relevant policy and guidance.

It was recognised that these are serious offences and that the objection to transfer the premises licence received from West Merica Police was justified and should be considered by the Sub-Committee.

The Sub-Committee considered the submissions of the Police and Immigration Service and noted that there was a significant history of employing illegal workers at this premises. The Sub-Committee further noted that the Premises Licence had been reviewed previously and conditions imposed on the licence.

The Sub-Committee noted the submissions of the representative of the applicant and the applicant who explained that the history of the premises did not apply to the current applicant. The current applicant had only been involved with the premises since April 2025.

The Sub-Committee took into account the length of time that the licence had been held by the proposed Premises Licence holder and advice had been received in respect of licensing conditions for the restaurant and the appropriate checks to undertake when employing people. These were significant factors in the mind of the Sub-Committee.

Taking into account the statutory guidance, the Sub-Committee was aware that where the crime prevention objective is being undermined, this should be taken seriously and, in this case, it has been.

The Sub-Committee determined that breaches of immigration law are serious, together with the previous breaches of the licence and history of the premises. However, on this occasion, based on the submissions on behalf of the proposed Premises Licence holder and the evidence presented, the Sub-Committee was willing to give the applicant the benefit of the doubt on this occasion and grant the transfer of the premises licence.

The meeting adjourned at 11:15 a.m.;  the meeting reconvened at 1:00 p.m.