To elect a Chairman of the panel forming the Sub-Committee.

Councillor E Gill was elected as Chairman for the meeting.

There were no changes to the Sub-Committee membership.

There were no apologies for absence.  All Members present.

Members are invited to declare any disclosable pecuniary interests or other registrable and non-registrable interests in items on the agenda.

There were no declarations of interest.

The Procedure for the meeting was noted, all parties present would be given an equal opportunity to state their case, ask questions and seek clarification of any points.  It was confirmed that the Premises Licence Holder would be assisted by his son.

OFFICERS' RECOMMENDATION that –

the press and public be excluded from the meeting during discussion of the following report under Section 100A(4) of the Local Government Act 1972 on the grounds that the report in question would be likely to involve disclosure of exempt information of the description specified in paragraphs 1, 3 and 7 of Part 1 of Schedule 12A of the Act.

(To resolve)

By resolution of the Committee, the press and public were excluded from the remainder of the meeting during the consideration of the remaining matters under Section 100A (4) of the Local Government Act 1972 on the grounds that the discussion would be likely to involve the disclosure of exempt information of the description specified in paragraphs 1, 3 and 7 of Schedule 12A to Part 1 of the Act

Mr Smith set out the details of the application made by the Home Office Immigration Enforcement Service to review the Premises Licence of a restaurant in Egham, licensed to supply late night refreshment and alcohol with a meal.

The application to review the premises licence was made in respect of the Licensing objective of the Prevention of Crime and Disorder.

A warrant to search the premises had been issued on 17 June 2022, and executed on 2 July 2022.  As a result, it was found that an offence under section 24 (1)(b)(i) of the Immigration Act 1971 had occurred, to which the Immigration Officers present  confirmed that the Premises Licence Holder (PLH) had ‘openly and honestly admitted’.

It was confirmed that the notices advertising the review of the premises licence had been placed at the premises and on the Council’s website.  The PLH had been served the required notices and copies of the review application.

Mr Smith advised that no representations had been received from any other responsible authorities or any other person.

The Sub-Committee’s attention was drawn to the relevant guidance under section 182; in particular Part 11.24 to 11.28 which referred to reviews arising in connection with crime.

The Sub-Committee noted the legal implications in the report, including the steps it could take when determining the review application.  These ranged from modifying the conditions of the licence to revoking it altogether.

The Officers from the Immigration Office were invited to provide any additional information to that presented in their review application and statement which was duly noted.

The PLH and his son were invited to address the Sub-Committee.  Their submission included the difficulties of recruitment, the after effects of the pandemic and how it had adversely affected the business and them personally as a family.

The PLH informed the Sub-Committee that he planned to retire from the business and his son stated that he wanted to take it over on a part time basis and make improvements to ensure all relevant rules and regulations were adhered to in future.  The PLH also expressed the intention to surrender his Personal Licence to the local authority which had issued it. 

Both the PLH and his son appreciated the importance of running the business legally, particularly as the son had recently completed a course in preparation for applying for a Personal Licence and transferring the Premises Licence to himself.  He was already in possession of an enhanced DBS certificate because of his current occupation.  This also highlighted his awareness of safeguarding issues and another Licensing Objective, that being the protection of children from harm.

The Sub-Committee expressed sympathy for the PLH who had explained that as English was not his first language, he often missed things and had not hitherto fully realised his legal and moral obligations.  He also implied that he sometimes felt overwhelmed by these and the business and had also experienced difficulties with his staff; they were currently very short staffed.  A frank discussion had taken place instigated  ...  view the full minutes text for item 7.