|Date: Tuesday 11th September 2018 Time: 2.00 p.m. Place: Executive Room, Civic Centre|
TUDALEN GLAWR AGENDA GYMRAEG/WELSH VERSION OF AGENDA COVERSHEET
Tudalen Glawr Agenda Gymraeg/Welsh Agenda Coversheet (166K/bytes)
It was noted that no requests had been received for the simultaneous translation service.
LICENSING ACT 2003 - REVIEW OF PREMISES LICENCE - AMBALA RESTAURANT, STATION ROAD, WAUNLWYD, EBBW VALE.
Consideration was given to the report of the Team Leader - Licensing which outlined an application for the review of a premises licence, in accordance with the Licensing Act 2003, submitted by Home Office Immigration Enforcement, in respect of Ambala Restaurant, Station Road, Waunlwyd, Ebbw Vale.
The Team Leader - Licensing spoke to the report which was to determine an application for the review of a premises licence submitted by Home Office Immigration Enforcement, Alcohol Licensing Team, Lunar House,
- The prevention of crime and disorder
It was continued that the guidance issued by the Home Office under Section 182 of the Act and the Council's Licensing Policy must also be taken into account when considering this application.
In conclusion, the Officer advised that the Sub-Committee must give consideration to the review of the Premise License and in doing so, give regard to the representations made and the evidence heard to agree one of the following options for recommendation:-
At this juncture, the Chair invited the representative from the Home Office Immigration Enforcement Department to outline the reasons for their visit to the Ambala Restaurant.
The Home Office representative, Mr Ryan Moore informed Members of the Sub-Committee that an enforcement visit took place to the Ambala Restaurant on 8th February 2018 at 6.00 p.m. This entry was made pursuant to statutory powers under Section 179 (1) (A) of the Licensing Act 2003 as information had been received of two employees working on the premises without permission to work in the United Kingdom. The Home Office representative advised that two individuals were arrested as over stayers and both persons gave false details when spoken to by Officers. These persons were conveyed to in custody at Newport Police Station and Notice of potential liability was served on the owner's wife and a civil penalty was issued in the sum of 30,000.00 which remains unpaid.
The Home Office representative explained that this incident followed an earlier incident on 17th December 2015 when a warrant was executed and two arrests were made regarding illegal working. On this occasion a Referral Notice was served on the owner of the premises and it was found that of the two persons arrested one person had no right to work in the United Kingdom. A civil penalty of 10,000.00 was issued and paid. The representative felt that this earlier incident proved that Mr Ali was aware of the laws and checks to be undertaken to ensure that the relevant documentation was in place to work in the United Kingdom.
The Home Office representative further advised that by allowing individuals to work illegally breaks immigration law. This law was in place to ensure that the relevant checks are in place to ensure people are not at risk, placed in a vulnerable position or subject to exploitation. Also, illegal working had a negative impact on legitimate businesses.
At this juncture the Chair invited the Licence Holder, Mr Syed Tayef Ali to address Members of the
At this juncture, the Chair invited questions from the Sub-Committee.
A Member asked if Mr Ali was aware that the individuals employed were illegal immigrants. Mr Ali advised that he had contacted the Job Centre for employees and was under the impression that the individuals had the necessary credentials to reside and work in the United Kingdom. He was unaware that these workers were in fact working illegally for him in his business. Mr Ali further added that the Job Centre had now refused to take his calls.
A Home Office Immigration representative explained to Members of the Sub-Committee that employers were responsible for carrying out checks to ascertain if a person had the right to remain and work in the United Kingdom, not the Job Centre.
Another Member asked how many hours the individuals had been employed to work at the Restaurant. It was stated that the first individual had been employed for 40 hours per week ( 250- 260 per week). The second individual had been employed to cover Mr Ali for 3-4 days per week.
In response to a question raised by Mr Ali which related to the first individual's sentence and custody status, the Home Office Immigration representative stated that he was not permitted to comment on individual cases in this forum. The representative suggested that Mr Ali contact the Home Office legal team to discuss these matters.
In response to a final question raised in relation to the relevant checks which should be undertaken by employers, Mr Ali reiterated that two employees had been sent from the Job Centre and he had assumed they were legally entitled to work in the United Kingdom.
The Home Office representative added that Mr Ali would have been aware of the process and documentation needed for employees following the earlier incident in 2015 where the Civil Penalty was imposed and paid in full.
The Chair thanked everyone for their representations and the Licensing Officers, Applicant and Home Office Immigration Representatives withdrew from the meeting at this juncture.
Following deliberation the applicants were invited back into the meeting.
The Solicitor further advised that after listening carefully to all evidence placed before the Sub-Committee and taking into account all the representations made it was agreed that the premises had been used to further crimes of illegal working by persons who have no legal right to remain and work in the UK and in accordance with recommendations made in Paragraph 11.28 of the Guidance Notes to the Licensing Act 2003 dated April 2018 at page 94 we revoke the licence.
The Sub-Committee were concerned that the Licence Holder had failed to meet his obligations under the licence and have not checked relevant documents that demonstrate entitlement to work in the UK.
In conclusion, the Solicitor informed the Premises Licence holder that he had a right of Appeal against the decision of the Sub Committee to the Magistrates Court. Any Appeal must be commenced within twenty-one days of the decision being notified in writing.
After listening carefully to all evidence placed before the Sub-Committee it was therefore