Agenda and draft minutes
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Apologies for Absence To receive any apologies for absence. Minutes: An apology for absence was received from Councillor D G Cronk. |
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Appointment of Substitute Members To note appointment of Substitute Members. Minutes: It was noted that, in accordance with Council Procedure Rule 4, Councillor J P Loffman was appointed substitute for Councillor D G Cronk. |
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Declarations of Interest To receive any declarations of interest from Members in respect of business to be transacted on the agenda. Minutes: There were no declarations of interest made by Members. |
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Licensing Act 2003 - Application for the review of a Premises Licence for Favorite Chicken & Ribs, 40 Pencester Road, Dover The Sub-Committee is requested to determine the application.
The procedures for meetings (hearings) of the Licensing Sub-Committee are as set out in the Licensing Act 2003 (Hearings) Regulations 2005 and these regulations do not require the full agenda papers to be published and made available on the website or copies provided at the meetings outside of the parties to the meeting itself. The Licensing Sub-Committee meetings are open to the public, unless in exceptional circumstances the Authority considers it in the public interest to exclude the press and public for all or part of a hearing.
Minutes: The Sub-Committee considered an application for the review of a Premises Licence in respect of Favorite Chicken & Ribs, 40 Pencester Road, Dover CT16 1BW made under section 51 of the Licensing Act 2003 as requested by K Sooritaarachchi – on behalf of the Home Office Immigration Enforcement, on the grounds that Favorite Chicken & Ribs under the control of N Nallarasa employed illegal workers.
The following documentary evidence and/or other information was taken into account by the Sub-Committee:
(i) The Licensing Manager’s report including, the options available to the Sub-Committee
(ii) Current Premises Licence for Favorite Chicken & Ribs (appendix A of the agenda)
(iii) Map of the area (appendix B of the agenda)
(iv) Review application submitted by Home Office (redacted) and the Licensing Authority had identified persons as Person 1, Person 2 and Person 3 and the previous licence holder (appendix C of the agenda)
(v) Relevant sections from the Section 182 guidance in relation to illegal working in licensed premises (appendix D of the agenda).
On the basis of the representations of the Responsible Authority (Home Office Immigration Enforcement for the Responsible Authority) and oral and written representations for Favorite Chicken & Ribs, the Sub-Committee found the following facts to be established:
(i) That under section 51 of the Licensing Act 2003, on 23rd January 2024 K Sooriyaarachchi, on behalf of Home Office Immigration Enforcement as the Responsible Authority, submitted a review application for Favorite Chicken & Ribs for reason of illegal working thereby undermining the licensing objective of preventing crime and disorder.
(ii) The Premises Licence Holder at the relevant time was N Nallarasa. Following a transfer application on 2nd February 2024 the Premises Licence Holder was T Yogeswaran. There were no objections to the transfer by either the Police or Immigration.
(iii) The premises had been licensed for late night refreshment since 19th August 2022: Sunday – Wednesday 23:00 – 01:00 hrs, Thursday – Saturday 23:00 – 02:00 hrs.
(iv) On behalf of the applicant a number of general concerns relating to illegal working were set out including, that the ability to work illegally was key to migration and individuals may take risks to enter the UK; there was a risk of exploitation by employers; the practice can undercut legitimate business; there may be an element of tax evasion; and that the practice may breach the national wage.
(v) On 15th June 2023 Officers of the South East Immigration Enforcement and Compliance team (ICE) (accompanied by an officer from Dover Licensing) attended Favorite Chicken & Rib and identified 3 persons within the premises:
a. Person 1 was cleared by Immigration. b. Checks for Person 2 revealed that their student visa was curtailed in March 2023 and expired in May 2023, as such Person 2 should have left the UK or applied for further leave to remain – records indicated Person 2 was working more than the 20 hours permitted per week. c. Checks for Person 3 revealed that they held a student visa ... view the full minutes text for item 37. |