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Agenda, decisions and draft minutes

Venue: Council Chamber - Muriel Matters House, Breeds Place, Hastings TN34 3UY. View directions

Contact: Democratic Services on 01424 451484  email:  democraticservices@hastings.gov.uk

Items
No. Item

40.

Appointment of Chair for this Meeting

Minutes:

In accordance with the terms of reference of the Licensing Committee, the Chief Legal Officer invited nominations for the appointment of Chair for the duration of the meeting. Councillor Roberts moved that Councillor Patmore should take the Chair. This was seconded by Councillor O’Callaghan.

 

RESOLVED (unanimously) that Councillor Patmore be appointed as Chair for the duration of the meeting.

 

41.

Apologies for absence

Minutes:

None

 

42.

Minutes of previous meeting pdf icon PDF 297 KB

Minutes:

RESOLVED (unanimously) that the minutes of the meeting held on 27 September 2018 be approved as a true record

 

43.

Declarations of Interest

Minutes:

None

 

44.

Notification of Additional Urgent Items

Minutes:

None

 

45.

Review of Premises licence. Ocean Spice, 43 White Rock, Hastings pdf icon PDF 6 MB

Additional documents:

Decision:

To consider an application to review the Premises Licence as a result of representations received.

Minutes:

Councillor Patmore set out the procedure that the Sub-Committee would adopt (in accordance with Standard Practice).

 

The 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 Safety.

 

HM 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.

 

The HM Inspector went through a timeline of involvement with the premises as followed;

 

·       4th October 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.

 

·       19th January 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.

 

·       14th November 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.

 

The 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.

 

The 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.

 

The Chair invited questions.

 

The 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?

 

The 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.

 

The Chair invited Sussex Police as the statutory consultee to make their representation. Police Inspector  ...  view the full minutes text for item 45.

46.

Additional urgent items (if any)

Minutes:

None

 

 


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