Agenda item

Members:  Councillor C Carr (Chairman), L Brown and C Hampson.

The Committee considered a report of the Senior Licensing Officer regarding an application for the review of a Premises Licence in respect of Cookson Spice, Cookson House, Cookson Terrace, Chester-le-Street (for copy see file of Minutes).

A copy of the application and supporting documentation had been circulated to Members. The Senior Licensing Officer advised of additional information received from the Applicant and the Licence Holder which had been circulated to all parties.

Mr Thornley, Acting Chief Immigration Officer from the Home Office Immigration Team explained that the application was as a result of a visit to the premises on 18 November 2017 when four males were arrested for immigration offences. An earlier visit to the premises on 3 March 2016 had resulted in one arrest but that person was released following appropriate checks. He believed that this had given the Licence Holder a false sense of security and no proper checks had been carried out by him in regard to immigration status. The checks that should be carried out by employers were set out on the Home Office website. Mr Ahmed had relied upon hearsay and his casual approach had culminated in a Civil Penalty Notice being issued.

Mr Thornley said however that there were mitigating factors; Mr Ahmed had employed a Licensing Consultant who had carried out thorough training. He believed that Mr Ahmed had learnt from his mistakes and he was satisfied that the proposed modification of the Premises Licence, as outlined in the additional information provided by the Licence Holder’s Solicitor would address concerns.

Upon questioning by Councillor Carr, Mr Thornley explained that the documentation of the person arrested on the visit on 3 March 2016 had been found at the individual’s home address.

With regard to the four individuals arrested on 18 November 2017, their home addresses had been searched and the documentation found did not support a right to work in the UK.

The length of time taken to issue the Civil Penalty Notice was because this was a lengthy process and Mr Ahmed had appealed against the decision. Mr Foster, the Licence Holder’s Solicitor clarified that Mr Ahmed had appealed against the level of fine imposed but had now started making payments.

Councillor Brown asked if there were any records on the premises pertaining to the four individuals. Mr Thornley confirmed that there had been no records available and advised that the Home Office website and guidance clearly stipulated that records should be kept on the premises during employment and for 2 years after leaving.

Mr Foster clarified that this was not an offence but was a factor to be taken into account in building a complete picture of compliance.

Mr Foster was invited to address the Sub-Committee and stated that this was a restaurant in Chester-le-Street, formerly a public house. There had been no other issues with the premises other than what had been heard, and the Home Office were satisfied with the measures proposed to ensure that the premises were compliant.

His client’s medical condition had contributed to his poor paperwork, and Mr Ahmed appreciated the seriousness of his actions but had done his best to ensure that this could not happen again. He aimed to operate in line with the proposed conditions, and policies and procedures put in place by Mr Robson.

Mr Robson outlined the training he had undertaken at the premises and confirmed that training would continue and would reflect any changes to legislation. He had been satisfied with the receptiveness of Mr Ahmed and his employees, who fully understood the seriousness of not carrying out the necessary checks on employees.

Following questions from Councillors Brown and Carr, Mr Foster confirmed that refresher training would be initially provided at 3 months and then every 6 months thereafter. Mr Ahmed’s accountant would deal with contracts of employment and wages. Mr Ahmed had owned Cookson Spice for seven years and turnover of staff was high. He only employed staff who were referred from the Job Centre, and following full checks. 

All parties were invited to sum up.

Mr Thornley reiterated that visits such as that made to Cookson Spice were difficult and business owners were often reluctant to assist, however the measures put in place by Mr Ahmed would enable the Home Office to check documentation on site. Mr Ahmed had received a severe fine, and he was satisfied that the measures put in place and the proposed conditions would address his concerns.

Mr Foster stated that the business was important to Mr Ahmed and that he was already struggling to pay the fine which would be for the next three years. The measures Mr Ahmed had put in place were sufficient to re-assure the Home Office Immigration Team.

At 10.35am the Sub-Committee Resolved to retire to deliberate the application in private.

After re-convening at 10.50am the Chair delivered the Sub-Committee’s decision. In reaching their decision the Sub-Committee had considered the report of the Senior Licensing Officer, and the verbal and written representations of the applicant, the Licence Holder, his Solicitor and Licensing Consultant. Members had also taken into account the Council’s Statement of Licensing Policy and Section 182 Guidance issued by the Secretary of State.

Resolved:

That the Premises Licence continue with the addition of the following further conditions:-

a)    The Premises Licence Holder shall operate a system which ensures compliance with immigration legislation and proves employees’ right to work status is evidenced before they commence employment.

b)    Employees’ right to work documents will be retained on the premises and made available for the Licensing Authority, Police and Home Office immigration enforcement officers, upon request.  Such documents will be retained for a period of two years after employees cease working at the premises.

a)    The Premises Licence Holder shall receive training in relation to immigration after three months, six months and annually thereafter.  Records of training for new members of staff shall take place on those occasions and all records of training shall be made available to the Licensing Authority, Police and Home Office immigration enforcement officers, upon request.