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 Rajkumar, 27-31 Springfield Road, Horsham

FOR THE REVIEW OF A PREMISES LICENCE, UNDER SECTION 51 OF THE LICENSING ACT 2003, IN RESPECT OF RAJKUMAR, 27 – 31 SPRINGFIELD ROAD, HORSHAM

The Chief Immigration Officer for the South East Immigration Compliance and Enforcement (ICE) Team had submitted a review application which sought to revoke the Premises Licence LI/05/1148/PREM that had been granted on 14 February 2006.  This licence allows the following licensable activities to take place at the Rajkumar.

Premises open to the public: (Monday – Thursday 7.30am to 11.00pm; Friday – Saturday 7.30am to midnight; Sunday & Bank Holidays 10.00am – 10.30pm)

Sale by Retail of Alcohol: ((Monday – Thursday 7.30am to 11.00pm; Friday – Saturday 7.30am to midnight; Sunday & Bank Holidays 10.00am – 10.30pm)

The provision of late night refreshment: (Friday – Saturday 11.00pm – midnight)

The Licensing Officer presented the report, which set out details of the application, including enforcement and compliance visits between May 2013 and February 2018.  A total of 11 people had been found to be working with an incorrect immigration status, and in February 2018 an immigration offender was arrested. 

Details of penalties issued to the Premises Licence holders, none of which had been paid in full, and the dissolving of the holding company on two occasions with penalties outstanding, as set out in the review application, were noted by the Sub-Committee.

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 Premises Licence holder had wilfully attempted to circumvent legislation and that the Licensing Objective of prevention of crime and disorder had been seriously undermined. The Chairman and members of the Sub-Committee then questioned the applicant.

The Premises Licence holder was not present at the meeting and no representative had been put forward on his behalf.

The Chairman invited the Sub-Committee to move to private session to deliberate in private.  They considered all the evidence and submissions before them.    

The Sub-Committee concluded that the Rajkumar Premises Licence holder 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/05/1148/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