Decision details

To revoke the licence immediately.

To revoke the licence immediately.

The Sub-Committee formed the view that the premises licence holder had been supported by and had received advice from the Licensing Authority to enable the full terms and conditions of the licence to be complied with so that the four licensing objectives could be met but the licence holder ignored that advice and committed a criminal offence by employing 5 x disqualified persons by reason of immigration status. Sect 182 part 11.27 of The Licensing Act 2003 states it is a crime to employ a person disqualified from working by reason of immigration status. The immigration Act 2016 amended the Licensing Act 2003 and introduced safeguards with regards to such matters. The intention of the aforementioned was to prevent illegal working in premises licensed for the sale of alcohol or late-night refreshment, this includes restaurants so licensed. As a result of this employment the Sub Committee formed the opinion the premises licence be revoked as flagrant disregard was shown to the legislation.

The Sub-Committee felt the Licence Holder’s absence was indicative of the fact they knew they had committed an offence. The Sub-Committee felt the Licence Holder’s reticence to attend was indicative of the fact that they were well versed in employing illegal immigrants and hence chose to avoid the hearing.

N/A.

The proprietor of the Indiaana Restaurant, 61 High Street Ramsey, Huntingdon PE29 1AB were found to have been employing persons disqualified from working in the UK. As a Licence Holder, he is responsible for ensuring compliance with all legal requirements and that by employing disqualified persons he not only committed a criminal offence but undermined the licensing objectives.

The Applicant – Immigration Enforcement

Interested Parties – Cambridgeshire Constabulary

The Premises Licence Holder – Did Not Attend.