Items
No. |
Item |
1. |
Membership
To report any changes to the
membership.
|
2. |
Declarations of Interest
To receive declarations by
Members and Officers of any personal or prejudicial interests in
matters on this agenda.
|
1. |
Brassiere Cafe Med, 21 Loudoun Road, London, NW8 0NB PDF 4 MB
App
No
|
Ward
/
Cumulative Impact Area
|
Site
Name and Address
|
Application
|
Licensing Reference Number
|
1.
|
Abbey
Road Ward /
not
in a cumulative impact area
|
Brassiere Cafe Med, 21 Loudoun Road, London, NW8 0NB
|
Review
|
18/12993
/LIREVP
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Tuesday
19th February 2019
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Aziz Toki
Legal
Adviser:
Horatio Chance
Committee Officer:
Andrew Palmer
Presenting Officer:
Daisy Gadd
Present: Mr Brian Anderson (on
behalf of the Home Office/Applicant), Ms Latifa Grant (on behalf of the Home
Office/Applicant), James McGinley (representing the Licence Holder)
and Louise Heighes (Designated Premises
Supervisor).
Brasserie Café
Med, 21 Loudoun Road London NW8 0NB
18/12993/LIREVP (“The Premises”)
|
An application had been submitted by the Home
Office (Immigration Enforcement), for a review of the premises
licence for Brasserie Café Med, 21 Loudoun Road, London, NW8
0NB (the Premises) on the grounds of prevention of crime and
disorder.
Officers from Immigration Enforcement had
conducted a visit to the Premises on 22 June 2018, and had arrested
three subjects as overstayers with no right to work in the UK. In
light of the three subjects found working illegally, Home Office
Immigration Enforcement wished to seek revocation of the premises
licence.
Immigration Enforcement had now contacted the
Licensing Authority to advise that due to the fact that forged
documents had been used by some of the workers to gain employment,
and that it would not be reasonable to expect the licence holder to
know that they were forged, it was that their application for the
review of the licence be withdrawn and that the hearing should be
dispensed with.
Prior to opening the Committee for discussion, the Committee
wanted to discuss a preliminary issue and sought clarification from
the Legal Advisor regarding the request for withdrawal. The Legal
Advisor stated that under the Licensing Act 2003 it was a mandatory
requirement to hold a hearing in relation to the review of a
premises licence and that any such request to withdraw the
application for review should be made directly to the Committee to
consider the evidence put forward in that respect.
|
Decision:
After the Hearing had been
formally opened, Brian Anderson (on behalf of the Home
Office/Applicant) addressed the Committee and confirmed that the
Home Office wished the application for revocation to be
withdrawn.
James McGinley (representing
the Licence Holder) also addressed the Committee, and confirmed
that he did not wish to comment further, unless asked to address a
specific issue.
The Committee recognised that
asking for revocation of a licence was a major and severe step that
had to be treated seriously; and that there were a number of
alternative measures to revocation that could have been taken,
which included imposing conditions if it were minded to do
so
In reaching its decision, the
Committee considered the request for withdrawal of the application
carefully, and had sympathy for the premises licence holder who had
experienced many months of uncertainty.
The parties attending the hearing agreed that the process had been
unsatisfactory, and that lessons needed to be learned by the Home
Office to ensure that immigration enforcement was dealt with in a
professional and appropriate way that was fair to all parties. The
Committee also ...
view the full minutes text for item 1.
|
|
2. |
Noura Brassiere, 11-12 William Street, London, SW1X 9HL PDF 16 MB
App
No
|
Ward
/
Cumulative Impact Area
|
Site
Name and Address
|
Application
|
Licensing Reference Number
|
2.
|
Knightsbridge and Belgravia Ward /
not
in a cumulative impact area
|
Noura Brassiere, 11-12 William Street, London, SW1X 9HL
|
Review
|
18/13511/
LIREVP
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Tuesday
19th February 2019
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Aziz Toki
Legal
Adviser:
Horatio Chance
Committee Officer:
Andrew Palmer
Presenting Officer:
Daisy Gadd
Present: Mr Brian Anderson (on
behalf of the Home Office/Applicant), Ms Latifa Grant (on behalf of the Home
Office/Applicant), Mr Nader Bou Anton
(Premises Licence Holder) and Ms Sadaf
Ali (Solicitor, representing the Licence Holder).
Noura
Brasserie, 11-12 William Street, London SW1X 9HL
18/13511/LIREVP (“The Premises”)
|
An application had been submitted by the Home
Office (Immigration Enforcement), for a review of the premises
licence for Noura
Brasserie, 11-12 William Street, London SW1X
9HL (the Premises) on the grounds of prevention of crime and
disorder.
Officers from Immigration Enforcement had
conducted a visit to the Premises on 10 June 2018, and had arrested
five subjects with no right to work in the UK. In light of the five
subjects found working illegally, Home Office Immigration
Enforcement wished to seek revocation of the premises
licence.
|
Decision:
Mr Brian Anderson and Ms Latifa Grant addressed the Committee on behalf of
the Home Office (“The Applicant”), and confirmed that
they were familiar with the case and could provide binding
commitments and answers to questions.
Ms Grant confirmed to the Committee that
following receipt of an allegation, the Home Office had visited the
Premises and found that five of the employees were working in the
UK illegally. The Committee noted that visitors could be granted a
visa that enabled them to work in the UK for six months. If the
visitor continued to work without applying to extend their visa
they could no longer work legally , and
would be shown on the Home Office records as having overstayed. Ms
Grant informed the Committee that it was part of the
employer’s responsibilities to carry out checks to ensure
that their employees had the right to work legally in the UK, and
to review those checks and procedures as and when required and
where appropriate obtain evidence of workers making an application
to the Home Office to extend their visa.
The Home Office confirmed to the Committee that
proof of identity and eligibility to work could be provided by
documentation that included passports, ID cards, National Insurance
cards, bank accounts and job seekers paperwork. Although further
checks could be carried out by the employer’s accountant to
identify overstayers, the Home Office emphasised that confirmation
of eligibility to work was the employer’s responsibility.
Ms Sadaf Ali
addressed the Committee on behalf of the Licence Holder, who had
evidence that all of the prescribed checks seeking proof of
identity, eligibility to work and financial arrangements had been
carried out prior to the workers being given contracts of
employment. Ms Ali considered that there had been no wrong doing by
the Applicant, as the checks had appeared correct, and the Licence
Holder had been unaware that the documentation had been forgeries.
The Licence Holder’s accountant had also been satisfied with
the supporting paperwork, and had no reason ...
view the full minutes text for item 2.
|
|
3. |
Sushi Eatery, 40 Frith Street, London, W1D 5LN PDF 2 MB
App
No
|
Ward
/
Cumulative Impact Area
|
Site
Name and Address
|
Application
|
Licensing Reference Number
|
3.
|
West End Ward
/
West End Cumulative
Impact Area
|
Sushi
Eatery, 40 Frith Street, London, W1D 5LN
|
Review
|
18/12982/
LIREVP
|
Minutes:
LICENSING SUB-COMMITTEE No. 3
Tuesday
19th February 2019
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Aziz Toki
Legal
Adviser:
Horatio Chance
Committee Officer:
Andrew Palmer
Presenting Officer:
Daisy Gadd
Present: Mr Brian Anderson (on
behalf of the Home Office/Applicant), Ms Latifa Grant (on behalf of the Home
Office/Applicant), Mr Fook Moon Chan
(Premises Licence Holder), Mr Wai
Keun Cheong (Director) and Ms Safar
Nasrandi (legal representative for the
licence holder).
Sushi Eatery, 40 Frith
Street, London W1D 5LN
18/12982/LIREVP (“The Premises”)
|
An application had been submitted by the Home
Office (Immigration Enforcement), for a review of the premises
licence for Sushi Eatery, 40 Frith Street, London
W1D 5LN (the Premises) on the grounds of prevention of crime
and disorder.
Officers from Immigration Enforcement had
conducted a visit to the Premises on 25 June 2018, and had arrested
five subjects who had no right to work in the UK. In light of the
five subjects found working illegally, the Home Office wished to
seek revocation of the premises licence.
|
Decision:
Latifa Grant (on
behalf of the Home Office/Applicant) addressed the Committee, and
advised that following discussions between the Home Office and the
licence holder, it had been agreed that a request would be made for
the application for revocation to be withdrawn, subject to
conditions being imposed on the premises licence which set out the
measures that would be taken to ensure prospective employees had
the right to work in the UK.
The Committee agreed to adjourn the Hearing for
30 minutes, to enable the parties to agree the content of the
further proposed conditions.
When the Committee reconvened, the following
proposed conditions were tabled:
1)
No person shall be allowed to work (including permanently,
temporarily or on a trial basis) at the premises unless they have
and are able to demonstrate the right to work.
2)
Right to work checks shall be carried out by the Premises Licence
Holder or an individual authorised by the Premises Licence Holder
on all persons carrying out work within the premises, whether paid
or otherwise, temporary or permanent, before those persons commence
work. The documentation for each such person shall include the
original documents to show they have a right to work in the UK and
date-stamped colour copies of all documents produced and enquiries
made shall be retained on the premises confirming the name of the
person who has checked the original documents, any enquiries made.
This information shall be retained in each case for a minimum of 3
years. Such copies to be kept on the premises and made available
for immediate inspection by Police, Licensing or Immigration
Officers.
3)
Right to work audits of all persons working at the premises shall
be carried out at least annually, and sooner where any visas are
time limited and where the status of the person to remain in the UK
has changed. Records of said audits shall be retained for a period
of at least 3 years and made available ...
view the full minutes text for item 3.
|
|
4. |
Tuk Tuk Noodle Bar, 56 Old Compton Street, London, W1D 4UE PDF 1 MB
App
No
|
Ward
/
Cumulative Impact Area
|
Site
Name and Address
|
Application
|
Licensing Reference Number
|
4.
|
West
End Ward /
West
End Cumulative Impact Area
|
TukTuk Noodle Bar, 56 Old Compton
Street, London, W1D 4UE
|
Review
|
18/13165/
LIREVP
|
Minutes:
LICENSING SUB-COMMITTEE No.
3
Tuesday
19th February 2019
Membership:
Councillor Melvyn Caplan (Chairman), Councillor Susie Burbridge and
Councillor Aziz Toki
Legal
Adviser:
Horatio Chance
Committee Officer:
Andrew Palmer
Presenting Officer:
Daisy Gadd
Present: Mr Brian Anderson (on
behalf of the Home Office/Applicant), Ms Latifa Grant (on behalf of the Home
Office/Applicant), Mr Sonny Yin Wei Huang (Licensee), and Ms Tara
O’Leary(Counsel, on behalf of the Licensee).
Tuk
Tuk Noodle Bar, 56 Old Compton
Street, London W1D 4UE
18/13165/LIREVP (“The Premises”)
|
An application had been submitted by the Home
Office (Immigration Enforcement), for a review of the premises
licence Tuk
Tuk Noodle Bar, 56 Old
Compton Street, London W1D 4UE (the Premises) on the grounds
of prevention of crime and disorder.
Officers from Immigration Enforcement had
conducted a visit to the Premises on 22 June 2018, and had arrested
four subjects who had no right to work in the UK. The first subject
was an illegal entrant and was arrested and detained; the second
was found to be an overstayer and was arrested and detained; the
third was found to be an overstayer and was bailed; and the fourth
was found to be working in breach of his conditions and was
arrested and detained. In light of the four subjects found working
illegally, Home Office Immigration Enforcement wished to seek
revocation of the premises licence, which was held by Apogee
Enterprises Ltd.
On 26 October 2018, the lease and business
relating to the Premises were sold to Huang Holdings Ltd, and the
premises licence subsequently transferred under delegated
authority. The Premises were currently undergoing
refurbishment.
At the time of the purchase, Huang Holdings Ltd
had been unaware of any breach of statutory requirements that
related to the Premises or its use or occupation, and did not take
over any of the seller’s employees.
The Home Office had now contacted the Licensing
Authority to advise that after due consideration of the information
provided in relation to the change of ownership of the lease and
business, Immigration Enforcement had agreed that it would not be
appropriate to proceed with the review and had requested that the
application for review should be withdrawn.
Prior to opening the Committee for discussion, the Committee
wanted to discuss a preliminary issue and sought clarification from
the Legal Advisor regarding the request for withdrawal. The Legal
Advisor stated that under the Licensing Act 2003 it was a mandatory
requirement to hold a hearing in relation to the review of a
premises licence and that any such request to withdraw the
application for review should be made directly to the Committee to
consider the evidence put forward in that respect.
|
Decision:
After the Hearing had been
formally opened, Brian Anderson (on behalf of the Home
Office/Applicant) addressed the Committee and confirmed that the
Home Office wished the application for revocation to be
withdrawn.
Ms O’Leary(Counsel, on behalf of the Licensee) addressed
the Committee, and confirmed that Huang Holdings Ltd had purchased
the Premises as a new business, ...
view the full minutes text for item 4.
|
|