Agenda and minutes

To seek nominations for the election of Chair for this sub-committee meeting.

It was unanimously

RESOLVED:

That Councillor Roger Dicker be elected as Chair.

Apologies for absence were received from Councillor Ian Houlder.

Any member who is substituting for another member should so indicate, together with the name of the relevant absent member.

The following substitution was declared:

Councillor Don Waldron substituting for Councillor Ian Houlder.

Members are reminded of their responsibility to declare any pecuniary or local non pecuniary interest which they have in any item of business on the agenda, no later than when that item is reached and, when appropriate, to leave the meeting prior to discussion and voting on the item.

There were no declarations of interest made.

To consider whether the press and public should be excluded during the consideration of the following items because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the items, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against each item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

It was proposed, seconded and unanimously

RESOLVED:

That the press and public be excluded during the consideration of the following item because it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the public were present during the item, there would be disclosure to them of exempt categories of information as prescribed in Part 1 of Schedule 12A of the Local Government Act 1972, and indicated against the item and, in all circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Report No: LSC/WS/24/002

The Business Partner (Regulatory and Information Governance) welcomed all present to the Hearing, reported that no declarations of interest had been received and introductions to all parties were made.  He also drew attention to the procedure for the conduct of the Hearing as attached to the agenda.

The following parties were present at the Hearing:

(a)   Applicant – Chief Immigration Enforcement Officer, Home Office

(b)   Respondent – Premises Licence Holder, B&B Stores, 75 Chapple Drive, Haverhill (accompanied by two personal acquaintances in support)

The Licensing Officer presented the report which explained that an application had been received from Immigration Enforcement, Home Office for a review of the premises licence for B&B Stores, 75 Chapple Drive, Haverhill based on the licensing objective ‘prevention of crime and disorder’.

A copy of the application was attached at Appendix A to Report No LSC/WS/24/002 together with supporting documentation at Appendix B.

In accordance with the requirements of the Licensing Act 2003 a public notice was subsequently displayed at the premises and surrounding area for a period of 28 consecutive days. However, no representations were received from responsible authorities or other persons during the consultation period.

The Sub-Committee then heard the individual submissions from the parties present.

The Chief Immigration Enforcement Officer outlined the review application made by the Home Office and summarised the findings of their report set out in Appendix B, before responding to Members’ questions.

Following which the Premises Licence Holder was invited to speak in response to the application before answering questions posed by Members’ and the applicant.

All parties were then given opportunity to sum up their case.

The applicant, respondent and accompanying supporters, and the Licensing Officer then left the meeting to allow the Sub-Committee to give further consideration to the matter.

Following all parties return to the meeting room the Business Partner (Regulatory and Information Governance) advised on the Sub-Committee’s decision.

With the vote being unanimous, it was 

RESOLVED:

That:-

1.   The Premises Licence be suspended for a period of three months; and

2.   The following additional conditions be appended to the Premises Licence:

                             i.        The licensee shall undertake right to work checks on all staff employed at the licensed premises and evidence of right to work checks shall be retained at the licensed premises for at least 12 months from the date the employee’s employment is terminated. All records shall be made available for inspection by the Licensing Authority, Home Office Immigration Enforcement and the police.

                            ii.        The premises shall install and maintain a CCTV system which:-

a)           includes coverage of the serving area,

b)           continually record whilst the premises is open for licensable activities,

c)           shall retain the recordings for a minimum of 30 day and made available for inspection by the Licensing Authority, Home Office Immigration Enforcement and the police.

The Business Partner (Regulatory and Information Governance) concluded the Hearing by advising on the Right of Appeal against the determination of the Authority.