Agenda and minutes

Venue: Council Chamber - Council Offices, Thorpe Road, Weeley, CO16 9AJ. View directions

Contact: Katie Sullivan - 01255 686585 

Items
No. Item

1.

Apologies for Absence and Substitutions

The Sub-Committee is asked to note any apologies for absence and substitutions received from Members.

Minutes:

There were none.

2.

Minutes of the Last Meeting pdf icon PDF 36 KB

To confirm and sign as a correct record, the minutes of the last meeting of the Sub-Committee, held on 20 June 2016.

Minutes:

The minutes of the last meeting of the Sub-Committee, held on 20 June 2016, were approved as a correct record and signed by the Chairman.

3.

Declarations of Interest

Councillors are invited to declare any Disclosable Pecuniary Interests or other interest, and nature of it, in relation to any item on the agenda.

Minutes:

Councillor M J Skeels declared that he had eaten at the Saffron Restaurant some years ago, however he did not know anyone who worked there.

4.

Report of Corporate Director (Operational Services) - A.1 - Application for the Review of a Premises Licence - Saffron Restaurant, 51 Ravensdale, Clacton-on-Sea, Essex, CO15 4QH pdf icon PDF 117 KB

The Sub-Committee is invited to consider an application for the Review of a Premises Licence held in respect of the above premises. 

Additional documents:

Minutes:

The Chairman (Councillor Cossens) welcomed everyone to the meeting and gave an overview of the procedure that would be followed for the hearing. It was confirmed that Members and Interested Parties had received the ‘Procedures for Hearings – Premises/Personal Licenses Sub-Committee procedure’ document.

 

The Council’s Licensing Manager (Simon Harvey) then gave a verbal summary of his report and advised that the Sub-Committee had before it, for its consideration, as set out in item A.1 of the Report of the Corporate Director (Operational Services), an application for the Review of the Premises Licence held by Mr Ismail Ali for the Saffron Restaurant, 51 Ravensdale, Clacton-on-Sea, Essex, CO15 4QH. A location plan for the Saffron Restaurant was handed out to those present.

 

Members were informed by the Licensing Manager as part of his summary that an application for the review of the Premises Licence for the Saffron Restaurant had been submitted by Essex Police following investigations by Officers of the Immigration Service and that this had been received by the Licensing Authority on 31 March 2017. The application for the Review had been submitted on the grounds that the lack of management control at the premises in regards to the employment of persons not entitled to work in the UK had breached the Licensing Objective in respect of the Prevention of Crime and Disorder. As a result of the breach, Essex Police were requesting the Licensing Sub-Committee to revoke the premises licence in question.

 

It was reported that the review application and its accompanying supporting documents had advised and contained the following:

 

·        An unsigned Section 9 witness statement from an Immigration Officer (Mr Edward O’Dowd-James) which had detailed an investigation made by the Immigration Authority on 16 February 2017 into allegations that the Saffron Restaurant was employing a person who had no right to stay or work in the United Kingdom and also the outcome of that investigation;

 

·        A transcript of a stated and certified case in the Queen’s Bench Division (Administrative Court) High Court of Justice which was heard on 14 April 2016 and detailed a successful appeal made by East Lindsey District Council against a District Judges decision of 23 June 2015 not to uphold a revocation of a premises licence determined by a Licensing Sub-Committee of East Lindsey District Council on the grounds of Crime and Disorder because the licence holder had knowingly employed a person who did not have the right to work in the United Kingdom and as a result, this had breached the Prevention of the Crime and Disorder licensing objective required under the Licensing Act 2003; 

 

·        A schedule of Income Tax (Pay As You Earn) Regulations 2003;

 

·        A copy of a newspaper article in the Clacton Gazette published on 4 March 2017 which had detailed an investigation by the Immigration Authority which had found that on 16 February 2016 the Saffron Restaurant had four persons working on the premises who did not have the right to work in the United Kingdom and as a  ...  view the full minutes text for item 4.