Agenda and minutes

To elect a Chairman of the Sub-Committee for the remainder of the Municipal Year.

Councillor Steve Dorsett was elected Chairman of the Sub-Committee for the remainder of the Municipal Year.

To appoint a Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

Councillor Andy Caulfield was appointed Vice-Chairman of the Sub-Committee for the remainder of the Municipal Year.

To approve the minutes of the meeting of the Licensing Sub-Committee A held on 16 September 2021 as published.

RESOLVED

That the minutes of the Sub-Committee held on 16 September 2021 be approved and signed as a true and correct record.

To receive declarations of disclosable pecuniary and other interests from Members in respect of any item to be considered at the meeting.

There were no Declarations of Interest.

To consider any business that the Chairman rules may be dealt with under Section 100B(4) of the Local Government Act 1972.

There were no items of Urgent Business.

Reporting Person – Matthew Cobb

The Sub-Committee had before it a report regarding an application by the Home Office for a Review of the Premises Licence held by Latino Restaurant Italiano, Unit 4 Harlan House, 44 Commercial Way, Woking.  Caroline Laird, Immigration Enforcement Officer, and Detective Sergeant Martin Linton attended the meeting to represent the Home Office.  The Premises Licence Holder, Guiliano Pugliese, and Fabio Panza attended the meeting to represent Latino Restaurant Italiano. 

All parties present had a copy of the Licensing Committee’s agreed procedure to be followed at Licensing Sub-Committee hearings.  The Chairman introduced Members of the Sub-Committee and outlined the order of speaking which would be followed at the hearing.

The Licensing Authority’s representative, Matthew Cobb, advised the Sub-Committee that on 19 January 2023, following receipt of intelligence relating to illegal workers in the premises, the Home Office and Surrey Police had carried out an inspection of Latino Restaurant Italiano.  During the visit it was found that one staff member onsite had no right to be working and was served Immigration paperwork accordingly.  Since 2006, all businesses had a legal requirement under the Immigration, Asylum and Nationality Act 2006 to carry out ‘right to work’ checks, ensuring all staff members held a legal right to work in the UK.  In January 2019, the Home Office system was improved further with the implementation of an online checking system, allowing employers to carry out a quick and simple check on a potential employee. 

Mr Cobb reported that Section 4 of the Licensing Act 2003 states that, in carrying out its functions, a Licensing Authority must have regard to guidance issued by the Secretary of State under the Section 182 Guidance on Illegal Working, in which it was categorised as a serious offence alongside illegal firearms, prostitution, drug dealing and other crimes.   Section 11.27 of the Guidance stated that criminal activities with a connection to a licensed premises should be treated seriously, and where reviews arise it is expected that revocation of the Premises Licence, even in the first instance, should be seriously considered.  The matter was therefore before the Sub-Committee for determination.

None of the parties present had any questions for Mr Cobb.

The Chairman gave the Home Office the opportunity to address the Sub-Committee.  Ms Laird advised the Sub-Committee that during the visit on 19 January 2023, following intelligence received over two illegal female workers who had not been present at the time, one person had been found to be working illegally.  Mr Pugliese had admitted that the worker had been undergoing a trial shift and that a Civil Penalty Referral was served on the business.  Taking into account the previous visit by the Home Office, it was felt that the premises was not upholding the Licensing Objective of crime and disorder and that its Premises Licence should be revoked.

Following a question from Mr Cobb, it was noted that a casual trial volunteer would be classed as a worker under the legislation. 

The representatives from Latino Restaurant Italiano had  ...  view the full minutes text for item 6.