Agenda and minutes

The Committee was advised that Councillor Wallace would be Chairman for the meeting.

RESOLVED: That Councillor Wallace be appointed Chairman for the duration of the meeting.

Councillor Wallace

Vice Chairman of the Committee

(in the Chair)

            The minutes of the meeting held on 17 March 2014 were taken as read and signed as a correct record.

            The Committee was advised that Cheshire Constabulary had submitted an application under section 51 Licensing Act 2003 to review the Premises Licence at Raj Tandoori 210 Warrington Road, Widnes. The Premises Licence permits Late Night Refreshment between the hours of 23.00 and 04.00 each day, the supply of alcohol (on and off the premises) between the hours of 10.00 and 03.15 each day and the hours the premises are open to the public are 10.00 to 04.00 each day. The Premises Licence holder (and  Designated Premises Supervisor) Shahid Muddsar was not in attendance.

            Following introduction by the Chairman, the Council’s legal representative outlined the procedures to be followed. The Committee heard representations from:

1.    The applicant who were represented by Ian Seville, Cheshire Police Licensing Officer.

2.    Witnesses:

Bill Seabury – Alcohol Licensing Enforcement Officer Community Safety Partnership; and

Christopher Webb – UK Border Agency Immigration Officer.

            Written witness statements had previously been circulated to the Committee members and the Premises Licence Holder.  The witnesses called by Ian Seville confirmed the accuracy of the statements at the hearing.  One of the statements had been provided by PC Chris Carney.  PC Carney was unable to attend the hearing and the statement was given by Bill Seabury who had also been present at two of the inspections of the premises.

            Members were advised that the review was requested by Cheshire Constabulary due to the premises persistently using immigrant workers who were either visiting the country illegally or working in contravention of their entry visas as employees.

            On three occasions officers from various agencies had visited the premises and found them to almost totally staffed by workers who did not have the necessary working visas or were in the country unlawfully.

            The relevant law relating to preventing illegal working was clearly set out in Sections 15 to 25 of the Immigration, Asylum and Nationality Act of 2006. Specific offences were set out in section 21 of the Act. The actions taken at the premises were in direct contravention of the above legislation and with regard to the Licensing Act 2003, were contrary to the Prevention of Crime and Disorder Licensing Objective.

            The Committee considered that it was necessary to take the following step in respect of the premises licence.

            RESOLVED: That the Premises Licence be revoked.