The Director of Law, HR and Asset Management reported upon an application that had been received from Merseyside Police for the review of a Premises Licence in respect of The Local, 186 Pensby Road, Heswall, under the provisions of the Licensing Act 2003.

The premises currently have a Premises Licence which allowed the licensable activities as set out in the report.

The Director advised that the Sub-Committee may, having regard to the application for review and any relevant representations, take such of the following steps as it considered necessary for the promotion of the licensing objectives:

• Modify the Conditions of the Licence.
• Exclude a licensable activity from the scope of the Licence.
• Remove the Designated Premises Supervisor.
• Suspend the Licence for a period not exceeding three months.
• Revoke the Licence.

The Licensing Authority may decide that no action would be necessary if it found that the review did not require it to take any steps necessary to promote the licensing objectives.

The application had been submitted by Merseyside Police and the Licensing Sergeant advised that the grounds for review were in relation to the premises being linked to criminal activity, namely an illegal immigrant being employed at the premises.

Sergeant P Jenkins and Constable P Coley, Merseyside Police, attended the meeting.

Mrs J Roddick attended the meeting on behalf of Mr Roddick, Premises Licence Holder.

The Licensing Manager reported that all documentation had been sent and received and that Mr Roddick had given permission for his wife to speak on his behalf.

Sergeant Jenkins outlined the application for review.  He reported that an illegal immigrant had been found working at the premises and reported upon the details and circumstances surrounding the immigrant being discovered working at the premises.  Sergeant Jenkins advised that, Mr and Mrs Roddick had subsequently removed the Designated Premises Supervisor from the premises and terminated their contract with him.

Sergeant Jenkins advised Members that Mrs Roddick was in full agreement with the proposed conditions suggested by Merseyside Police.

Sergeant Jenkins responded to questions from Members of the Sub-Committee.

Mrs Roddick stated that she would like to retain the Premises Licence as she had been approached by a proposed purchaser for the lease.

Members gave careful consideration to the application made by Merseyside Police to review the Premises Licence at The Local, 186 Pensby Road, Heswall and the representations made in writing and orally at the hearing by officers from Merseyside Police and Mrs Roddick on behalf of the Premises Licence Holder, Mr Roddick.

In determining the review application Members had regard to the licensing objectives, the Council’s Statement of Licensing Policy and relevant guidance issued under Section 182 of the Licensing Act 2003.

Members accepted the evidence provided by Merseyside Police that an illegal immigrant had been working at the premises.  Members also had regard to the fact that Mrs Roddick had accepted the seriousness of the matter and as a result had terminated the business relationship with the Designated Premises Supervisor, Mr Kumaraguru.

Resolved -

(1)  That in accordance with Regulation 14(2) of the Licensing Act 2003, the public be excluded from the meeting during consideration of the application.

(2)  That Mr S M Kumaraguru be removed as Designated Premises Supervisor.

(3)  That the conditions of the Premises Licence be modified as follows:

1.  The Designated Premises Supervisor must hold a minimum Level 2 Award for Designated Premises Supervisors and must be responsible for in-house training.

2.  The premises must maintain a refusals book which must be checked regularly by the Designated Premises Supervisor or Premises Licence Holder who must sign the log after each check.  All staff must be trained to ensure that they are aware what the refusals log is and where it is kept.  The refusals log must be kept next to the till at all times when the premises is open.  The refusals log must be made available to an authorised officer upon request.

3.  A Challenge 25 Policy must be in force at the premises and must be maintained.  Signage must be prominently displayed regarding this policy.

4.  Details of any employee or proposed employee who is not a registered UK citizen must be notified to Merseyside Police by e-mail in the case of a proposed employee prior to them commencing employment, in order that their immigration status can be verified.

5.  Staff training records must be kept and updated on a regular basis and that they be signed and dated by both the Designated Premises Supervisor and the staff member accordingly.