Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 15 May 2017.

The Minutes (copies of which had been circulated) of the meeting held on 15 May 2017 were approved as a correct record and signed by the Chair.

Councillors and officers are invited to declare any interests which they have in any of the items on the agenda for the meeting.

Councillors and officers were invited to declare any interests which they had in any of the items on the agenda for the meeting.

No declarations were made.

To consider whether it is in the public interest to exclude the public during consideration of Agenda item 5 (Licensing Act 2003: Application for a review of the Premises Licence at Sangam 3, Heald Green)  as an appendix to the report contain information ‘not for publication’ in accordance with Section 14(2) of The Licensing Act 2003 (Hearings) Regulations 2005 and where the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED – That notwithstanding the submission of information as part of Agenda Item 5 – ‘Licensing Act 2003: Application for the Review of the Premises Licence at Sangam 3, 202 Wilmslow Road, Heald Green’ which had been classified as ‘Not for Publication’ by virtue of it containing material which related to an individual, the Sub-Committee was satisfied that in the circumstances it was not necessary for the public to be excluded from the meeting.

Members of the public are invited to put questions to the Chair and members of the Sub-Committee on any matters within the powers and duties of the Sub-Committee, subject to the exclusions set out in the Code of Practice. (Questions must be submitted prior to the commencement of the meeting on the cards provided.  These are available at the meeting).

No public questions were submitted.

To consider a report of the Corporate Director for Place Management & Regeneration.

The report details an application received on behalf of the Chef Immigration Officer to review the premises licence of Sangam 3, 202 Wilmslow Road, Heald Green, SK8 3BH.

The Sub-Committee is recommended to consider and determine the application.

Officer contact: Caitriona Muldoon on 0161 474 4162 or email: caitriona.muldoon@stockport.gov.uk

A representative of the Corporate Director for Place Management and Regeneration submitted a report (copies of which had been circulated) detailing an application made by the Chief Immigration Officer on behalf of the Secretary of State for the Home Department, being a responsible authority under the Licensing Act 2003, exercising its statutory function to promote the prevention of crime and disorder licensing objective, for a review of the premises licence for Sangam 3, 202 Wilmslow Road, Heald Green.

A representative of the Chief Immigration Officer in addition to the Premises Licence Holder and his representative, attended the meeting and answered Councillors’ questions in relation to the application.

The Sub-Committee, having heard the interested parties, proceeded to consider the prevention of crime and disorder licensing objective in respect of the application, together with the relevant parts of the Council’s Licensing Policy and the guidance from the Department for Culture, Media and Sport.  However, the decision was reached on consideration of all arguments given in relation to this specific application.

It was then

RESOLVED - That, having heard the application for a review of the premises licence at Sangam 3, 202 Wilmslow Road, Heald Green made by the Chief Immigration Officer on behalf of the Secretary of State for the Home Department, the Sub-Committee was satisfied that the premises had demonstrated its inability to satisfactorily promote the prevention of crime and disorder licensing objective. 

The Sub-Committee arrived at this conclusion after taking account of the evidenced cases of sustained and persistent immigration offences at those premises operated by the Premises Licence Holder, specifically the recorded incidents of 20 May 2016 during which four immigration offenders were encountered and on 15 June 2017 during which two immigration offenders were encountered; both at the premises the subject of this Review. 

The Sub-Committee noted that the second of the two incidents on 15 June 2017 had taken place subsequent to the imposition of an Illegal Working Compliance Order. 

The Sub-Committee further noted that the Premises Licence Holder disputed that the two persons identified as working illegally at the premises on that date were in fact employed by him.  However, the Sub-Committee was of the view that on the basis of the evidence and on the balance of probabilities it was more likely than it was not that Mr Islam was so employed by the Premises Licence Holder.

The Sub-Committee was therefore satisfied that the actions of the Premises Licence Holder had undermined and continued to undermine the prevention of crime and disorder licensing objective. 

The Sub-Committee was of the view that there were no further conditions that could be imposed which would ameliorate the concerns expressed by the representative of the Chief Immigration Officer during the hearing, and accordingly it was determined that the Premises Licence should be revoked.