Decision

The Licensing Sub-Committee has considered an application for review of the premises licence for Café Raj, 69 Well Hall Road, Eltham, London SE9 6SZ.

The review was brought by the Home Office, Immigration Enforcement, on the grounds that the licensing objective of the Prevention of Crime and Disorder was being undermined, specifically in relation to allegations of illegal working at the premises.

Having considered all written and oral representations, the Council’s Statement of Licensing Policy, and the statutory guidance issued under Section 182 of the Licensing Act 2003, the Sub-Committee has determined that it is appropriate and proportionate to modify the premises licence by the imposition of additional conditions.

The Sub-Committee was satisfied that revocation, or suspension would be a disproportionate response in all the circumstances, but that strengthened conditions were necessary to promote the licensing objectives.

Decision:

The premises licence for Café Raj is MODIFIED as follows:

The following conditions are attached to the premises licence with immediate effect:

Employment and Right-to-Work Checks

1. No person shall be employed at the premises unless the Premises Licence Holder has carried out a right-to-work check in accordance with current Home Office guidance and legislation before that person commences employment.
2. Copies of all right-to-work documentation, including passports, biometric residence permits, visas and/or Home Office online right-to-work verification records, shall be retained at the premises or maintained in an electronic format accessible immediately on request from the premises for inspection by authorised officers.
3. Such records shall be retained for the duration of employment and for a minimum period of 12 months following the cessation of employment.

Staff Register

1. A register of all staff employed at the premises shall be maintained and shall include:

·        Full name;

·        Date employment commenced;

·        Job role;

·        Date on which the right-to-work check was completed.

The register shall be made available for inspection by authorised officers upon request.

Training

1. All persons responsible for recruiting, employing or managing staff at the premises shall receive documented training in relation to right-to-work requirements and illegal working legislation.
2. Refresher training shall be provided at intervals not exceeding 12 months.
3. Training records shall be maintained and made available to authorised officers upon request.

Compliance Audits

1. The Premises Licence Holder shall undertake and document quarterly audits of all employees right-to-work records.
2. Records of such audits shall be retained for a minimum period of 24 months and shall be made available to authorised officers upon request.

Management Condition

1. Within 28 days of the date of this decision, the Premises Licence Holder shall submit to the Licensing Authority a written staff recruitment and right-to-work checking procedure to be implemented at the premises.

Reasons for Decision

The Sub-Committee carefully considered the evidence presented by Immigration Enforcement, including the identification of an individual found working at the premises without the right to work in the United Kingdom and the subsequent enforcement action taken, including the imposition of a civil penalty.

The Sub-Committee was satisfied that the evidence demonstrated a failure in the systems and controls relating to employment checks at the premises, which engaged the licensing objective of the Prevention of Crime and Disorder.

The Sub-Committee noted that illegal working is a serious matter explicitly identified in the Section 182 Guidance as undermining the licensing objectives and that licensing authorities are expected to take robust action where such issues arise.

However, the Sub-Committee also noted that the premises had not previously been the subject of adverse licensing findings and that there was no evidence of wider crime, disorder, or nuisance associated with the premises.

In determining the appropriate and proportionate response, the Sub-Committee considered all available options under Section 52 of the Licensing Act 2003. It concluded that, while revocation or suspension would be disproportionate in this case, the imposition of enhanced and enforceable conditions would appropriately address the identified concerns and promote compliance going forward.

The conditions imposed are intended to ensure robust systems are in place to prevent illegal working and to ensure ongoing compliance with immigration and employment legislation.

Right of Appeal

The premises licence holder and the applicant are reminded that there is a right of appeal against this decision to the Magistrates’ Court within 21 days of notification of this decision.