Agenda and minutes

Councillor Bond (Chair) welcomed all those present and explained the order of the meeting.

Members are asked to declare any disclosable pecuniary, other pecuniary or non pecuniary interests relating to items on the agenda.

NOTED that there were no declarations of interest in respect of items on the agenda.

Application to review a premises licence.

RECEIVED the application made by the Licensing Authority for a review of the Premises Licence held by Pennycraft Properties Ltd at the premises known as and situated at Tandoori Nights, 27 Station Parade, Cockfosters Road, EN4 0DW.

NOTED

1.    The introductory statement of Ellie Green, Principal Licensing Officer, including the following points:

a.  The review application was brought by the Licensing Authority and supported by the Metropolitan Police Service, based on the prevention of crime and disorder licensing objective.

b.  There were reported immigration issues relating to staff at the premises since 2014.

c.  The Licensing Authority still considered it appropriate that the licence be revoked in its entirety.

d.  Mr Shahzad Karim (Director of Pennycraft Properties Ltd, Premises Licence Holder) and Mr Mohammed Rasid (Designated Premises Supervisor (DPS)) and Mrs Rasid were present at the hearing and were represented by Mr Miah, Barrister, Great James Street Chambers.

2.    The statement of Ms Charlotte Palmer, Licensing Enforcement Officer, including the following points:

a.  The Licensing Authority was seeking a review on the grounds that staff were employed who were not legally entitled to work in the UK, and this was contrary to the licensing objective of the prevention of crime and disorder.

b.  The Licensing Authority was seeking a revocation of the premises licence in its entirety.

c.  There was a significant history of concerns relating to this premises dating back to 2008.

d.  In 2014 there were five arrests of workers. Details were provided in the witness statement of Abigail Gillett, Immigration Officer (Appendix 6).

e.  On 17 October 2014 Licensing Enforcement Officers made an intelligence gathering visit with Immigration Officers and when the officers entered the premises four members of staff from the kitchen ran out of the back door of the premises.

f.  Subsequently, a letter (Appendix 1) was sent to the premises licence holder recommending they submit a minor variation application to strengthen the licence conditions. This gave the opportunity for the licence holder to put processes in place rather than face a review of the licence.

g.  The letter included a warning that should further similar offences be committed at the premises, the Licensing Authority may take action to have the licence permanently revoked.

h.  A minor variation was submitted in January 2015 and the details in the letter were not challenged.

i.  At a visit by Immigration Officers in June 2015 another worker was arrested for working in breach of his Temporary Release conditions. A statement of Kate Gardner, Assistant Immigration Officer, was set out in Appendix 3. This arrest resulted in the issue of a £15,000 fine. The company challenged this decision by objecting but the original penalty was upheld in September 2015.

j.  In October 2015 the Licensing Authority was informed that the date to lodge an appeal had passed. They had since been advised that the fine was the subject of a challenge, but it was unclear whether the challenge was to the level of the fine or the issuing of  ...  view the full minutes text for item 281.