Agenda and draft minutes

Councillor Pauline Tunnicliffe was appointed as Chairman.

There were no declarations of interest.

The Application

The application was made by the Council’s Licensing Team as a Responsible Authority to review the premises licence, ofShampan 4, Grays Road, Westerham, TN16 2HX. The application followed a joint Licensing, Immigration, Housing and Police operation which was undertaken at the premises on 13^th March 2020.

The grounds were as stated in the relevant Agenda for the Review and at the Licensing Sub-Committee Hearing. They were summarised in the Review bundle pages 11 of 65 to 14 of 65.

As a result of the joint operation, four individuals were arrested but one was released on immigration bail; the other three remained in custody. Staff members were arrested for immigration offences and four staff members were suspected of working illegally in the UK.  The employer was issued with a Civil Penalty Referral Notice. At the hearing, it was explained that this matter was under investigation at the Home Office. It was found that the certificates for the Gas and Electrical Appliances were not up to date or readily available. No evidence of a thorough examination of the electrical installation could be located.

The ventilation extraction system had not being properly maintained. The last cleaning certificate was dated October 2018. Some of the appliances at the premises should not have been used and would constitute a risk to public safety. There were no handrails on the staircase. There was evidence of smoking in the first floor of the premises. In respect of the Challenge 25 policy for the supply of alcohol, no records were being kept. The Acting Manager advised that the Designated Premises Supervisor had left a year ago.  Improvement Notices relating to public safety matters had been served as mentioned in the Review Bundle and apparently not complied with.

There was evidence of at least 25 sleeping locations in different rooms on the first floor of the premises, including wardrobes full of clothing, drawers with personal effects and at least 50 pairs of shoes. A separate room had a washing machine and dryer. Clothes found hanging in that room were personal clothing, not uniform for the restaurant. The premises accordingly should have been registered with the Council as a House in Multiple Occupation.

The Applicant asked the Sub-Committee ‘to consider’ all the evidence provided by the Licensing, Health and Safety, Environmental and Housing Teams and on behalf of the Immigration Service. In his submission, the evidence provided a clear indication of poor company management practises and policies and that the Premises Licence Holder was not promoting the Licensing Objectives positively and proactively.  Members were asked to consider whether to revoke the licence or at least suspend it.

The Licence Holder’s Response

The License Holder had presented additional written submissions. His legal representative, Mr. Whur advised that the Civil Penalty Referral Notice was being challenged and that the matter was currently being considered at the Home Office.  A separate legal firm was dealing with those proceedings. At this stage there was no criminal conviction or recorded  ...  view the full minutes text for item 12.