Agenda and minutes

Venue: Grey Room - York House - Windsor

Contact: Oran Norris-Browne  Email: Oran.Norris-Browne@RBWM.gov.uk

Media

Items
No. Item

1.

Appointment of Chair

The Sub Committee are asked to appoint a Chair for the duration of the hearing.

Minutes:

Councillor Baskerville proposed Councillor Brar chaired the meeting. Councillor Gosling seconded this.

 

AGREED: That Councillor Brar be elected Chair for the duration of the meeting.

 

2.

Apologies for Absence

The Sub Committee shall receive any apologies for absence .

Minutes:

No apologies for absence were received.

3.

Declarations of Interest pdf icon PDF 188 KB

The Sub Committee are asked to declare any interests that they may have.

Minutes:

Councillor Brar wanted to note that they previously were a licensee but were no longer a licensee.

 

4.

Procedures of the Sub Committee pdf icon PDF 207 KB

All attendees at the hearing are to note the procedures of the Sub Committee.

Minutes:

All parties present noted the procedures of the sub-committee.

5.

Consideration of an application for to review a premises license pdf icon PDF 5 MB

The Sub Committee are to consider an application for a review of a premises license at The Bell and Bottle, Bath Road, Maidenhead, SL6 3RX.

Minutes:

Craig Hawkings, Reporting Officer for the Royal Borough of Windsor & Maidenhead, introduced the report to the Sub-Committee and outlined the reasons why a hearing had needed to be convened. Craig Hawkings explained under section 51 of the Licensing Act 2003 a responsible authority, or any other person may apply to the relevant licensing authority for a review of a premises licence. Craig Hawkings outlined that the application included a statement from the applicant, Caroline Laird, which set out in detail the reasons why the application had been submitted and the evidence to support it.

The statement concluded by saying, one of the licensing objectives which underpinned the Licencing Act 2003 was the prevention of crime and disorder and all operators were expected to take steps to promote the licensing objectives. The Home Office (Immigration Enforcement) believed that Mr Surinder Kumar Rajput was not preventing crime and disorder and therefore should no longer be allowed to hold a premises licence. Mr Surinder Jumar Rajput was using his Hospitality businesses to employ illegal workers which was strictly prohibited under the Licencing Act 2003 and Immigration Act 1071(aa).

Craig Hawkings reminded all parties what the four licencing objectives set out in the Licencing Act 2003, which were:

·           The prevention of crime and disorder

·           Public safety

·           The prevention of public nuisance, and

·           The protection of children from harm

 

Councillor Baskerville asked if there had been any concerns in the past with the Premises Licence Holder and if these issues had arisen before. Craig Hawkings responded that there had been no concerns from the Licencing Team and stated that the Premises Licence had only recently been taken over by the Premises Licence Holder.

Surendra Panchal, legal representative for the Premises Licence Holder, clarified about documents of theirs that were not in the pack. Craig Hawkings said the documents in question were circulated separately to all parties present at the Sub-Committee.

Raj Hundal, Senior Officer for Immigration Enforcement, introduced the case on behalf of the applicant to the Sub-Committee. Raj Hundal explained that their operations were intelligence led and that significant concerns needed to be raised for them to action. A brief explanation was provided of how they attended the premises after receiving intelligence of illegal workers on site and it was noted that two workers were found to be working illegally. One worker was found to be working more hours than their visa allowed, and that they were being underpaid or not all of it was on the books. The second worker’s right to work was found to have expired in 2014 and that they were being paid in cash with no National Insurance or Tax being paid as a result. Raj Hundal explained that during the visit in June 2023 they believed the Licence Premises Holder had adopted a two-tiered approach to staff, those that had a legal right to work and those that were off the books. Raj Hundal explained that in the suspension and conditions that had been proposed by the Premises  ...  view the full minutes text for item 5.