The Licensing & Gambling Sub-Committee met to review the premises licence for Green Chillies, a restaurant on Prescot Road, following an application from the Home Office Immigration Enforcement. After hearing from representatives of the Home Office and the premises, the sub-committee decided to revoke the premises licence to promote the licensing objective of the prevention of crime and disorder.

Green Chillies, 48 Prescot Road, Liverpool, 7 - Premises Licence Review

The sub-committee considered an application from the Home Office Immigration Enforcement to review the premises licence for Green Chillies, 48 Prescot Road, Liverpool, 7. The sub-committee resolved to revoke the premises licence in order to promote the licensing objective of the prevention of crime and disorder.

The Licensing Officer, Samantha Davies, presented a report outlining the application. The Home Office representative told the sub-committee that the Premises Licence Holder (PLH) had undermined the licensing objective of the prevention of crime and disorder. They stated that illegal immigration encourages people to break laws and take risks, and impacts the wages of lawful workers. They said that the Home Office had received intelligence regarding two illegal workers at the premises. One worker stated that he had entered the country six years ago on a six-month visitor visa and remained after it expired. He was given a job by the PLH and given £200-£300 weekly with free accommodation and meals, and was never asked to provide documents. The second worker came in 2011 as a student, his visa expiring in 2012, and admitted to working in the shop for two months without any checks being undertaken. The Home Office representative stated that the PLH could have prevented illegal working if he had undertaken the Right to Work checks¹. The PLH was fined £80,000 for employing two illegal workers, a penalty which was upheld in court, with an additional £6,000 in costs awarded against him. The Home Office representative argued that it was appropriate and proportionate to revoke the premises licence.

The representative for the premises, named in the reports pack as Suresh Koshy, stated that the employees had only worked with him for one month. One was cooking and the other was helping out, taking the bins out and clearing rubbish. He said that they were not paid because they had not provided any details. He admitted it was his fault for not getting their documents, and that he had told them that they would get paid through the bank when they provided their details.

The Home Office representative summed up, stating that the premises had been undermining the licensing objective of the prevention of crime and disorder and that the premises licence should be revoked. Suresh Koshy apologised for his mistakes, stating that he understood it was wrong, but that he needed a premises licence to continue the business and would have no option but to close the business if he lost it.

The sub-committee then excluded members of the press and public to deliberate on the matter. They had regard to the relevant sections of the Licensing Act 2003², Government guidance and the Authority's Licensing Policy, as well as the written representation and everything that was said at the meeting.

Declarations of Interest

Councillor Christine Banks, Chair of Licensing and Gambling Committee and General Purposes Licensing Committee, gave an opportunity for members and officers to declare any pecuniary or significant prejudicial interests they may have in any item on the agenda. No interests were declared.