|
The
Parties:
The Licensing Sub-Committee
re-convened to consider an application for the review of the
premises licence for Bombay Brasserie, 53 West Street, Boston. The
original hearing was scheduled for the 22 August 2024 and was
adjourned at the agreement of all parties.
At the hearing the report was
presented by Anna McDowell, Senior Licensing Officer. The
Sub-Committee heard from the CIO Donnelly on behalf of the Home
Office (applicant), Sgt Adams and PC McConville on behalf of
Lincolnshire Police (having submitted representation in respect of
the review application), Mr Dalton-Gooding from the Gangmaster and
Labour Abuse Authority who answered questions in respect of his
statement which was included in Lincolnshire Police’s
representation, Mr Sharma of Lexwin Solicitors on behalf of the
premises licence holder, and the premises licence holder Mr Miah
who answered question posed by the sub-committee.
Policy and Guidance:
In reaching its decision the
Sub-Committee has had due regard for all that they have read,
heard, and seen, and has considered the statutory guidance issued
under Section 182 of the Licensing Act 2003, along with the
Council’s Statement of Licensing Policy, and their public
sector duty under the Equality Act 2010
Decision and Reasons:
The Sub-Committee have read all
the written evidence before them and heard from all parties to the
review. The sub-committee noted that Mr Miah is the premises
licence holder and that Well Spicy own the business. They noted
that whilst the civil penalty charge notice to Mr Miah was
cancelled it had been reissued to Well Spicy and was still awaiting
payment. The sub-committee noted the details from the visit on
29th February this year. Mr Miah advised the
sub-committee that he was himself employed by Well Spicy and Well
Spicy were also the company that employed the workers at the
premises. My Miah had no involvement with that business and
was the owner of the business. Mr Miah advised he did not pay them.
He acknowledged that
had provided cash to him for him to pay the self-employed works. Mr
Miah further acknowledged that had not completed right to work
checks on two workers at the premises as he believed that they had
the right to work because they were European. Mr Miah advised
during the course of investigations that he had taken passport
pictures of both workers but was only able to produce one and the
other may have been deleted. The investigations carried out by the
police and immigration evidenced that these workers did not have a
right to work in the UK.
The sub-committee heard
evidence about works being paid under the minimum wage.
...
view the full decision text for item 1.
|
PDF 112 KB