Agenda item

To consider an application for the review of a Premises License, under Section 51 of the Licensing Act 2003, in respect of The Cottage Tandoori, 25 West Street, Storrington

FOR THE REVIEW OF A PREMISES LICENCE, UNDER SECTION 51 OF THE LICENSING ACT 2003, IN RESPECT OF THE COTTAGE TANDOORI, 25 WEST STREET, STORRINGTON

The Chief Immigration Officer for the South East Immigration Compliance and Enforcement Team had submitted a review application which sought to revoke the Premises Licence that had been granted on 4 January 2006.  This licence allows the following licensable activities to take place every day at the Cottage Tandoori, Storrington:

·    Premises open to the public (8am – midnight);

·    Sale and supply of alcohol by retail for consumption on the premises only (noon – 11.30pm);

·    Playing of recorded music (noon – midnight);

·    The provision of late night refreshment (11pm – midnight).

The Licensing Officer presented the report, which set out details of the application, including three enforcement inspections which had been conducted at the premises on 14 July 2016, 18 November 2016 and 31 May 2017. On each occasion a number of employees had been found to be working with an incorrect immigration status.

Responsible Authorities:  It was reported that Sussex Police supported the application and considered the Licensing Objective of the prevention of crime and disorder was not being promoted at the premises.

There had been no consultation responses from other responsible authorities or interested parties.

The Sub-Committee heard from the applicant who considered that the Licensing Objective of prevention of crime and disorder had been seriously undermined by the Premises Licence holder.

The Sub-Committee then heard from the Premises Licence holder’s representative.  The Premises Licence Holder’s representative invited the Sub-Committee to allow him to submit papers in mitigation regarding the health of the Premises Licence holder and the reputation of the premises.  The meeting briefly adjourned while the Sub-Committee and the applicant reviewed these papers.

The Chairman and members of the Sub-Committee then questioned the Premises Licence holder and the applicant.

The Chairman invited the Sub-Committee to move to private session to deliberate in private. They considered all the evidence and submissions before them including the matters put forward in mitigation, and the statements and answers to questions given by those present.

The Sub-Committee concluded that The Cottage Tandoori Premises Licence holders had consistently failed to employ persons lawfully and its operation was therefore detrimental to the achievement of the Licensing Objective of the prevention of crime and disorder.

RESOLVED

That the application to have the Premises Licence LI/05/1009/PREM revoked be granted.

REASON

The operation of the business under this Premises Licence was detrimental to the achievement of the following Licensing Objective:

·       The prevention of crime and disorder

The parties were informed of the rights of appeal.