The Statutory Licensing Sub-Committee met to consider a review of the premises licence for The Red Lantern Chinese Takeaway, and to review the minutes of previous meetings. The sub-committee was asked to determine the review application with a view to promoting the licensing objectives¹.

Application for Review of Premises Licence - The Red Lantern Chinese Takeaway

The sub-committee was scheduled to discuss an application for the review of a premises licence for The Red Lantern Chinese Takeaway, 185 Front Street, Chester le Street, Co. Durham, DH3 3AX. The application for review was submitted by the Home Office Immigration Enforcement. The premises licence holder is named as Mr Song Min He.

The application for review relates to the licensing objective of the prevention of crime and disorder. According to the Home Office Immigration Enforcement, the licence holder has failed to meet the licensing objectives because illegal working has been identified at the premises.

According to the Red Lantern Report, immigration officers visited the takeaway on three occasions:

• 25 July 2019 - Three workers were arrested.
• 3 October 2024 - Four workers were arrested, including the employer. An immigration officer was assaulted.
• 8 February 2025 - Three workers were arrested.

The Civil Penalty Compliance Team issued a £40,000 penalty in relation to the illegal working on 19 December 2024, of which the reduced amount of £28,000 was paid on 9 January 2025. Another civil penalty referral was made based on the 08 February 2025 visit and is still under consideration.

The Home Office Immigration Enforcement stated that eight illegal workers were encountered over three visits, and that there are serious concerns that repeated breaches of the prevention of crime and disorder objective are taking place at the premises, due to a failure to conduct right to work checks on staff.

The Home Office Immigration Enforcement also raised concerns about labour exploitation, stating that one worker admitted to working 55 hours per week and was paid £415 in cash, which equates to £7.54 per hour, which is below the minimum wage² of £11.44.

The Home Office Immigration Enforcement has requested that the premises licence be revoked, arguing that merely remedying the existing situation, for instance by the imposition of additional conditions or a suspension, is insufficient to act as a deterrent to the licence holder and other premises' licence holders from employing illegal workers and facilitating disqualified immigrants to work illegally.

In response, Mr Song Min He, the premises licence holder, stated that he had been struggling due to illness and had rented the takeaway to a company called Dhax Limited since February 2022. He stated that in his contract with Dhax Limited, he imposed a condition that the company must not do anything illegal, and that they have failed him.

Mr Song Min He also stated that he was diagnosed with a brain tumour in September 2024 and underwent a major operation on 31 October 2024. He was discharged from hospital on 28 November 2024, and the Home Office enforcement occurred during this critical time for him.

Mr Song Min He stated that he is now slowly recovering and has taken steps to terminate the contract with Dhax Limited. He has agreed with a new tenant and has emphasised to them that they must not employ illegal workers. He is now having the contract drawn up, so the tenant has to show him that their employees are legal, and he will carry out checks at times to ensure no illegal workers are employed.

The Durham Safeguarding Children Partnership confirmed that they had no comments on the application.

The sub-committee was reminded of its options, which include:

• Taking no further action
• Modifying or adding conditions to the licence
• Excluding a licensable activity from the licence
• Removing the Designated Premises Supervisor
• Suspending the licence for a period not exceeding three months
• Revoking the licence

The Statement of Licensing Policy states that in cases where there is evidence that the crime prevention objective is being undermined, revocation of the licence will be seriously considered by the authority, even in the first instance.

Minutes

The sub-committee was also scheduled to confirm the minutes of the meetings held on:

• 22 December 2021 - where the sub-committee considered an application by Durham Constabulary for the summary review of a premises licence in respect of Union/K2, 7-9 Front Street, Consett. The sub-committee resolved to suspend the premises licence with immediate effect, pending a full review hearing within 28 days.
• 3 October 2022 - where the sub-committee considered an application for the grant of a Premises Licence, Seaside Taverna, Glenholme (former café and bakery), Seaside Lane, Easington Village, Peterlee, Co. Durham, SR8 3AS. The sub-committee granted the application for the licensed premises, in line with a mediated agreement.
• 16 May 2023 - where the sub-committee considered an application for the grant of a Premises Licence for Gills, Sunderland Road, Horden, Peterlee SR8 4PF. The sub-committee resolved that the premises licence be granted, with the modified condition that all alcohol is to be sold ancillary to food sales.