Agenda and minutes

RESOLVED:

1.    That Cllr Elliot be duly elected as chairman for the duration of this Sub-Committee meeting.

Members and officers are reminded to make any declarations of disclosable pecuniary, personal and/or prejudicial interests they may have in respect of matters on the agenda for this meeting.

There were no declarations of interest

Application for a review of a premises licence

Holmbush Stores, 4 Holmbush Way, Midhurst, GU29 9BS

(a)          Chair opens the Hearing.

(b)          Items arising from Regulation 6 Notice (Notice of Hearing).

(c)          Notice of any representations withdrawn.

(d)         The procedure will then follow the Sub-Committee protocol and    procedure note attached

The Chairman welcomed everyone present to this licensing Sub-Committee hearing.

Mr Laurence Foord introduced the report and outlined the reasons why this application had been brought before the Licensing Sub-Committee. Mr Foord stated that the premises in question has operated as a convenience store for many years and is predominantly situated in a residential area. Mr Foord went on to state that under the Licensing Act 2003 the premises was granted a license in 2005 following a successful application during the transitional period. Mr Foord concluded by stating that this Sub-Committee is requested to determine the application made by the Immigration Compliance Enforcement Team at the Home Office for the review of the premises license and give reasons for that determination.

The applicant Mr Lee Coates Chief Immigration Officer, on behalf of the South-East ICE Team at the Home Office explained why the application had been submitted to the Licensing Authority.  Mr Coates stated that on Tuesday 8 November 2022 enforcement officers from South-East ICE Immigration based at Gatwick attended the premises address with Sussex police where three illegal workers were identified on the premises. At the time it was established through questioning that the workers did not have legal rights to work in the UK. It transpired via the questioning that the premises licences holder Mr Sathananthan had been paying the workers cash in hand.

A representative on behalf of Mr Sathananthan, Mr Cyril Bekoe,stated that he was deeply apologetic towards all parties and that he acknowledges his mistake. The representative went on to state that Mr Sathananthan repeatedly requested Right to Work documentation from one of the workers, but they refused to supply any documentation. Unfortunately, in October and August of 2022 Mr Sathananthan had to attend to religious and cultural issues in Sri Lanka. When he returned to the UK, Mr Sathananthan found two more workers that he had not authorised to work in his premises. Mr Sathananthan has taken steps to improve the operations of the business by reviewing the recruitment policy, payroll records and included the challenge 25 posters  on the outside of the shop. Mr Sathananthan has also stated that he would step down as the designated premises supervisor and instead his wife Mrs Sathananthan take on more of a managerial role. The representative also asked the Sub-Committee that Mr Sathananthan was the primary caregiver for his 84-year-old sick mother and that the business was the main source of income.

Mr Bekoe offered a letter to Mr Coates on behalf of Mr Sathananthan in which he wished to offer his apologies, emphasize his intentions regarding compliance in the future and positive working relationship with the Home Office and also to obtain a better understanding and methods of payment to the Home Office for his fine. Mr Bekoe again emphasized Mr Sathananthan’s remorse. Said letter was no accepted by Mr Coates or Chair of the Sub Committee. Mr Bekoe advised that he had no legal qualification and was acting as a consultant on behalf of  ...  view the full minutes text for item 92.

(a)            items added to the agenda papers and made available for public inspection;

(b)            items which the chairman has agreed should be taken as matters of urgency by reason of special circumstances to be reported at the meeting.

There were no late items.