Agenda and draft minutes

Licensing Panel
Tuesday, 22nd January, 2019 9.30 am

Venue: Lees Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Contact: Kaidy McCann 

Items
No. Item

1.

Election of Chair

The Panel is asked to elect a Chair for the duration of the meeting.

Minutes:

RESOLVED that Councillor C Gloster be elected Chair for the duration of the meeting.

 

2.

Apologies For Absence

Minutes:

There were no apologies for absence received.

 

3.

Urgent Business

Urgent business, if any, introduced by the Chair

Minutes:

There were no items of urgent business received.

 

4.

Declarations of Interest

To Receive Declarations of Interest in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interest received.

 

5.

Public Question Time

To receive Questions from the Public, in accordance with the Council’s Constitution.

Minutes:

There were no public questions received.

 

6.

Order of Proceedings pdf icon PDF 81 KB

Minutes:

RESOLVED that the order of proceedings be noted.

 

7.

Licensing Act 2003 - Premises Licence Review - Chadderton Bar and Grill, 422-424 Middleton Road, Chadderton, Oldham, OL9 6PY pdf icon PDF 154 KB

The purpose of this report is to inform Members of an application, by Home Office Immigration Enforcement, to review the premises licence for the Chadderton Bar and Grill, 422-424 Middleton Road, Chadderton, Oldham, OL9 6PY, which has been referred to the Panel for consideration.

Additional documents:

Minutes:

Consideration was given to a report of the Principal Licensing Officer seeking a review of the Premises Licence in respect of the Chadderton Bar and Grill, 422-424 Middleton Road, Chadderton, Oldham, OL9 6PY, made by Home Office Immigration Enforcement on the 22nd November 2018. This matter had been referred to the Panel for determination.

 

Members gave consideration to the application, submitted by Phillip Thomas of Home Office Immigration Enforcement which outlined the reasons given for the review. It was the view of Home Office Immigration Enforcement that the operation of the Premises Licence was failing to meet the licensing objective of the Prevention of Crime and Disorder.

 

Home Office Immigration Enforcement’s representatives attended the meeting and addressed the Panel. Members were informed that following intelligence that the premises had employed illegal workers, a visit was undertaken in April 2016 where two persons were found working illegally. One of the persons found to be working illegally was the co-owner of the premises, who had no permission to be in the UK as his visa had expired. Members asked for and received clarification on the civil penalty of £10,000 that had been served on the business. Members were informed that the civil penalty had been served to the Premises Licence Holder for employing illegal workers and the full amount was still outstanding.

 

Members were informed that another visit was conducted in August 2018 where again, two persons were encountered working illegally, one of whom was the co-owner found on the previous visit who still had no permission to work in the UK. Members noted that a closure notice had been served on the premises during the visit, closing the business until the following day when Home Officer Immigration Enforcement attended court and obtained an Ilegal Working Compliance Order putting in place conditions for carrying out staff checks.

 

It was stated to Members that a third visit was undertaken on 19th January 2019 where three persons were found to be working without documentation relating to their right to work, contrary to part 4 of the Compliance Order. It was noted that a further civil penalty was being considered by the Home Office for employing illegal workers.

 

The representative of the premises addressed the Panel and informed them that the co-owner had his leave to remain issued after the visit in August 2018. It was stated that he had been in the country since 2001 having married and obtained leave to remain which expired around 2015/16. Members were informed that around the time the leave to remain was due to be renewed, the co-owner had separated from his wife which resulted in him losing his documents, that then caused a two-year gap in his residential status.

 

The Panel was informed that the Licence Holder was unaware of the situation at the time, having not been given the reason as to why the two members of staff were removed from the premises. It was stated that the outcome of the second visit came  ...  view the full minutes text for item 7.