Agenda and minutes

There were no apologies for absence.

There were no substitute members appointed.

To receive any declarations of interest from Members in respect of business to be transacted on the agenda.

There were no declarations of interest made by Members.

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.

The Sub-Committee considered an application for the review of a premises licence in respect of Dover International Supermarket, 68 Pencester Road, Dover, CT16 1BW made under section 51 of the Licensing Act 2003 as requested by Raj Hundal – on behalf of the Home Office Immigration Enforcement, on the grounds that Dover International Ltd, under the control of Yilson Sayin (Premises Licence Holder and Designated Premises Supervisor) employed an illegal worker.

The meeting on 24 January 2024 was delayed starting by reason that the Legal Adviser sought clarification from Harry Taylor (Chief Immigration Officer – Home Office Enforcement) and Amy O’Riordan (Immigration Officer) (both present at the hearing) as to the significance (if any) of a publicly available Home Office Enforcement Guidance and whether it impacted on the Review application. By the time the Home Office position was confirmed Yilson Sayin and Bilal Tiktiklar (Store Manager), who were both present, were unable to stay and left the meeting. The Sub-Committee opened the hearing at 2.50 pm and in the absence of Yilson Sayin the Licensing Manager advised she had requested the hearing be adjourned and reconvened to a future date with a morning start. The hearing was adjourned to 18 February 2024 at 10.00 am.

The hearing reconvened with the same Members on 18 March 2024 at 10.00 am and it was advised that Yilson Sayin had informed the authority that she did not intend to attend or be represented at the hearing. The hearing proceeded in her absence; Ms Sayin’s written representation was considered.

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)              The current Premises Licence for Dover International Supermarket (appendix A of the agenda)

(iii)            Map of the are (appendix B of the agenda)

(iv)            Review application submitted by Home Office (redacted) and the Licensing Authority have identified persons as Person 1. Person 2, Person 3 and Person 4 (agreed by the applicant) (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 written representation from Yilson Sayin (Premises Licence Holder and Designated Premises Supervisor), the Sub-Committee found the following facts to be established:

(i)               The Hearing was adjourned from 24 January 2024.

(ii)              That under section 51 of the Licensing Act 2003, Raj Hundal, on behalf of Home Office Immigration Enforcement as the Responsible Authority, submitted a review application for Dover International Supermarket for reason of illegal working thereby undermining the licensing objective of preventing crime and disorder.

(iii)            The premises had been licensed since 8 July 2021 and the licensable activities were: Alcohol Sales (OFF the premises) Monday – Saturday 08:00 – 23:00 hrs, Sunday 10:00 – 22:00 hrs (with non-standard timings on Good Friday and Christmas Day).

(iv)            Amy O’Riordan on  ...  view the full minutes text for item 29.