Transcript

Good afternoon, everyone. This is the meeting for Licensing Act 2003 subcommittee for London Borough of Newham for a review of premises license, Marmaris, restaurant 241B, High Street North, Manor Park, East 12, 6SJ. The review application was submitted by the Home Office. Please note that the meeting recording will be available after the meeting on the council's YouTube website. Recorders with the members can be informed. The three councillors on the committee today are required to declare any relevant interests on any matter considered at this meeting. I have no interest to declare, councillor Lofthouse. I have no interest to declare. No interest to declare. Thank you. I will now move on to introductions. My name's councillor Toni Wilson. I represent the Bechtun Ward and I'll be chairing this meeting throughout. Good afternoon, councillor Jane Lofthouse, representing the Boston South. And councillor Winston Vaughan representing for Skate South Ward. Case officer? No, Colleen Hunt. I'm the case officer for today. Thank you. Thank you. Thank you very much. Would you like to introduce yourself, sir? Thank you. Thank you very much. Right. I will now briefly move on to the procedure of the meeting. The licensing case officer will present their report. We then move to reviewing officer, reviewing officer's report from the Home Office. Members can seek clarification. So can the premise license holder. On their representation on any matters. No other representations have been received in support of this review application. The license holder then presents their case. Finally, members may pass a resolution to deliberate in private and exclusionary and exclude the press and public, including the parties and their representatives. The clerk and the legal advisor will present their report. The clerk will remain with members to provide advice on procedure and law. When the decision has been reached, the meeting will reconvene and the decision of the subcommittee will be announced in public. Four written copies of the decision will be sent to the applicant or license holder, responsible authorities and interested parties, usually within five working days. Finally, members may pass a resolution to deliberate in private and exclude the press and public, including the parties and their representatives. The clerk and the legal advisor will remain with members to provide advice on procedure and law. When the decision has been reached, the meeting will reconvene and the decision of the subcommittee will be announced in public. Four written copies of the decision will be sent to the applicant or license holder, responsible authorities and interested parties, usually within five working days. Parties who have taken part in the hearing may appeal against the decision to the magistrates court within 21 days. As this is an administrative hearing under the 2003 Act, we are not trained lawyers, so rely on legal advice from the legal department today, represented by... How do you work? Thank you. I would also like to inform all parties that we base our decisions on written and law submissions. The clerk will take minutes off this meeting. Would you like to introduce? Thank you, Christine. If anyone in the chamber wishes to ask a question during the meeting, I will ask them to raise their hand and wait to be invited to speak. I would ask that all mobile phones are silenced or switched off, and I now invite the case officer to present the report. Thank you. Thank you, Chair. Thank you, Chair. Members of the licensing subcommittee, I was hearing determine an application for the review of a premises form... Sorry, Mahalas Restaurant 241B, High Street North, Manor Park, E12 6J. The review application was submitted by the Home Office Immigration Team to the Council Licensing Team. This was received on 13 January 2025. The application was advertised by the licensing team by means of noticing the immediate vicinity of the premises. The grounds for the review are on the licensing objective of crisis order. The copy of the review application is attached to Appendix A and supporting documents submitted by the applicant are attached to Appendix A1. On the 28th of February 2025, the licensing team received a letter supporting the documents from the license holder. Is that right? Yeah, that's right. Sorry. Sorry, I thought I missed the page. In respect to the review submitted by the Home Office, the licensing team, a copy of their letter is attached to Appendix B and this is restricted as well. There's been no representation from other interested parties. The premises has held a license since 2017 for the supply of alcohol on the premises. Recently, a change of DPS was received on the 5th of February 2025. However, this was incomplete and this application fixed. A copy of the current premises license is attached to Appendix C. Area plan is attached to Appendix D and a premises street view is attached to Appendix E. The members of the licensing subcommittee are asked to hear the review application, the representations of of the license holder and any valid representations received from responsible authorities and interested parties, and then determine the application. Is that inclusive report? Thank you. Did you want to have a look at this? Yes. Thank you. This is the premises. Obviously, you can clearly see where it is there. Is that the mosque to the left? Yeah, I'll just swing it round for you. Temple, sorry, not the mosque. Yeah. So, yeah, that's going down to Barking Road. That's the East Ham Station. Yes. The other side of the junction there. Okay. And obviously, if you go back the other way, that's going down to Ronford Road. Right. Heading towards Ronford Road. Okay. The plan. And see on the plan, the premises is, is, is about, well, then. Yeah. For some reason it's, there's normally a marker there, but it's not there for some reason. No. It's just where the bike is, I think, somewhere after that. All right. Thank you. Any questions? Answer? Yes, if I may. This is probably something that will come out later, but I think we're not completely clear on it. The license was issued on the 7th of June 2017. I'm a bit confused about who the premises license and DPS might have been held by across that period date. Do you have that? As far as I know, there's been no transfer or anything. So that's the license from 2017, but I can double check. It's been constantly. Yes. You can double check that. Thank you. I would see a transfer or something and that be the new license. So I would double check, but I'm pretty sure. Thank you very much. Okay. Back on that one. There was a change of DPS application submitted 5th of February. Yep. And I'm going to ask you now, could you tell me who the DPS on that application was? The new applicant. The new DPS application submitted on the 5th of February, which was incomplete and rejected. Double check that. Do you want to come back to me on that one? Yep. Sure. Because I didn't think it would be relevant on this one. Okay. Because it was rejected and it's not, they haven't got a, they haven't resubmitted it. So. No, but that's not what I wanted to ask you. So you can have it and come back to me on that one. Thank you. And also, can you confirm if Mr. Bashka is registered as a DPS for any other business? The new council. Not, not as far as I know. I'm not a hundred percent sure. I'm not sure. I wouldn't know. Okay. All right. Do you know? For Crea restaurant, he was considered as the DPS. Right. Who? Previous. Yeah, but he's not the DPS at the moment now. So for Crea. Crea restaurant 209. Yeah. Yeah. So he was asked for who is he the DPS now? No, I said, has he ever been registered as DPS for any other? Sorry. No, no, no, no. All right. Apologies. Okay. Right. I've got no further questions. Yeah. So you can come back to me on the. The license and. Rejected. And why? Why was it rejected? The. I know it was incomplete. Incomplete application. Right. So that means it wasn't in its entirety. It wasn't completed. So. Yes. Loads of stuff missing. So just. And also more stuff. And they never replied. So. Right. Come back with anything. So. Basically it was completely rejected. That's fine. So. Their name. There wasn't a name on it. That's why. Oh, okay. It could be. I'll have. You'll have to check. All right. Okay. Thank you. No questions. Okay. Um, have you any questions for Colin regarding his report? Obviously. Okay. Have you got any questions for the case officer regarding what he's just read out? Okay. Okay. But previous. I was. Got to ask him a question. Nothing. Yeah. Got nothing to ask him. Okay. We just found the. I can't see it. Sun. Sun's bright down here. Steve. I'll tell you why it was rejected. Okay. Yes. Yeah. Sorry. Yeah. Go. I can't see it on the 5th of February. It was an incomplete and not accepted. This was due to the following reasons. No personal license details have been provided for the new DPS. No DPS consent form has been provided. And they've also asked a question in terms of can you please confirm had been signed by the application form. It says the rectal by the license is in your name and an individual. Therefore, it should be signed by yourself. So that is the previous. Right. So this gentleman applied again on the 5th, even though he was a DPS registered from 2017. Oh, sorry. The current, um, premise holder and DPS is Mr. Remma. Yeah. Sorry. Sorry. I'll say that. I apologize for not pronouncing that correctly. Um, the transfer name that he was, the DPS change was, Grandma Sundar. And this middle name is Rupian Shainfi. I would like to say that. Um, yeah. The full name is R-A-N. Yes. A-S-U-N-D-A-R. Middle name is T-H-I-R-A-Y-I-Y-A-M. And the surname is S-H-A-N-T-H-I. Shanti. Where did we see that? Mm-hmm. Mm-hmm. And so just that I'm clear, um, and it's probably not to you cause I'm gonna ask him some questions regarding this. But page 53, um, as again, just for clarity, um, party number two is the same thing that I'm going to ask. Steve just read out. Um, as the DPS that was the DPS. Um, and so just that I'm clear, um, and it's probably not to you cause I'm gonna ask him some questions regarding this, but page 53, um, as again, just for clarity, um, party number two is the same person's name that Steve just read out. Um, as the DPS that was on the 5th of February, 20, 25 application that was rejected. Page 52? 53. Oh, 53, sorry. Party number two. Amasunda. Yes. Shanti. Yeah. Yeah, that's it. That name is also on there, but there's also another name that is actually, full name of proposed this native premium supervisor is a totally different name. So this is probably why it was rejected. There's two different names for now. The other name is G A N A. G A N A. E T H I. E A T H I. And it appears to be M U R U G A N. Right. I've not seen that name before. Okay. This is again my project. All right. Thank you for that information. Um, I hope that wasn't a curve ball. Um, right. Okay. Uh, no, I'll leave that one for later. Okay. Licensed to see if there was in chance for us, but that'd be great. Thank you. Any further? Um, um, no, only perhaps so to us, but again, you may not be a planter with, uh, um, I'm sorry, I said his name again in a minute. One second. Uh, Ramasunda Shanti. He had been a DPS at any point. Did you have any on these premises? Yeah. I'm going to check. Oh, thank you. I'll go back. But I'll let me check. Yeah. Um, so no questions. Any questions. Okay. So we've sorted that. Yeah. Okay. Wonderful. Right. Um, would you like to. Um, would you like to. Send your case. Thank you. I'll let me check. Yeah. Um, so no questions. Any questions. Okay. So we've sorted that. Yeah. Okay. Wonderful. Right. Um, would you like to present your case? Thank you. Um, so no questions. Any questions? Okay. So we've sorted that. Yeah. Okay. Wonderful. Right. Um, would you like to present your case? Thank you. Um, that would a committee members have had time to read the submission back? Yes. I'm supposed to read the full pack on a couple of key points before some life. The ability to work illegally as a key driver of illegal migration encourages people to break the UK migration law and provides a practical means for migrants to remain unlawful in the United Kingdom. This encourages people to take risks in trying to enter the UK illegally by putting their lives in the hands of a smuggler and be vulnerable to exploitative. Legal working results in businesses that are not playing by the fools and undercut in legitimate businesses that are. It also negatively impacts on the wages of lawful workers and can be linked to other labour market abuse, such as tax evasion, breach of national minimum wage, and exploitative working conditions. Working illegally is a criminal offence and a conviction in England and Wales. An illegal worker may respond to an unlimited fine. Employing illegal workers undermine their licence objectives, specifically the provincial crime disorder. Liberation enforcement. I'm looking for business. We are intelligence led and there have to be significant concerns for us to ask for action. We do not routinely refer to each other for you, but we will do so in selected cases. On Friday, 10th of May, North East. This session has to be ready. Thank you everyone for coming back. We have made our decision and the clerk will read out. The licensing sod committee have heard, and I review again premises license at, or for. north manor park e 12 6s j having taken into consideration all written and oral submissions having been determined under the licensing act 2003 and assisted by paragraphs 11.19 11.20 11.23 11.27 that is appropriate and fortunate to suspend for three months and to remove the designated premises supervisor along with adding the five following conditions to undertake a fire risk assessment under the regulatory refer reform in open brackets fire safety close brackets order 2005. the license folder must carry out the relevant right to work checks for any prospective employees before commencing employment this includes anyone on trial the license holder must retain copies of documents as a result of conducting checks relating to the right to work these must be stored securely at the premises or a digital copy must be immediately accessible from the premises for ease of inspection by immigration officials and or relevant officers the license holder or any person appearing to represent the license holder must be able to produce without delay documents relating to the right to work at the request of an immigration officer and or relevant officers existing condition wording updated to include reference to immigration officers and full written reasons for the decision of the license will be circulated to all parties within five working days any dissatisfied party will have 21 days from receipt of the written notice of decision to lodge an appeal at stratford magistrate's court full details will be contained in the notice of the decision thank you everyone this meeting's now closed thank you thank you thank you Thank you guys See you See you See you See you See you See you See you See you See you See you See you See you See you See you