Councillor Patmore set out the
procedure that the Sub-Committee would adopt (in accordance with
Licensing Manager, Mr Brown, presented the report of the Assistant
Director of Environment and Place in respect of the application
made on 26th November 2019 for the review of an existing
premises licence for Ocean Spice, 43 White Rock, Hastings. This was
from HM Inspector of Immigration, Home Office, made under Section
51 the Licensing Act 2003. During the 28-day
consultation the police made a representation under the licensing
objectives of Prevention of Crime and Disorder and Public
Inspector Andrews of Immigration made his submission on the basis of Prevention of Crime and Disorder.
The application for review was based on the number of visits made
to the premise and the number of individuals found at the premise
who were working illegally.
HM Inspector went through a timeline of involvement with the
premises as followed;
2018- Based on intelligence Immigration
made its first visit to the premises. They found 3 suspected
illegal workers. After investigation 2 workers were found to be
illegal and a Civil Penalty of £30,000 was issued. This fine
has not been appealed or paid.
2019- During the previous visit an
individual of interest evaded immigration, this gave them cause to
return. During this visit 3 suspected workers were found, 2 of
which were found on the first visit. After investigation 3 workers
were found to be illegal and a Civil Penalty of £45,000 was
issued. This fine has not been appealed or paid.
2019- During this third visit 3 suspected
illegal workers were found. After investigation 1 worker was found
to be illegal and a Civil Penalty of £20,000 was issued. This
fine has not been appealed or paid.
HM Inspector summarised that between 4th October 2018-
14th November 2019 3 visits had resulted in the
discovery of 5 illegal workers and civil penalties totalling
£95,000 had been issued. None of these penalties had been
appealed or paid.
HM Inspector added that on each of these visits the Immigration
Officers had experienced hostile response on each occasion. As a
result of this they asked Sussex Police to support their visit of
14th November 2019 due to the previous aggression and
violence. During this visit 3 members of staff were arrested due to
their behaviour. This is currently under investigation.
Chair invited questions.
Licence Holders Legal Representative, asked when 3 people are
referred and only 1 fine is given out is it right to infer that 2
people were not then working illegally?
HM Inspector responded that when a person is referred Civil
Penalties will look at the evidence. If there was not enough
evidence to deem the other 2 people as illegally working, then no
civil penalty would be issued.
Chair invited Sussex Police as the statutory consultee to make
their representation. Police Inspector ...
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