Issue - meetings

To consider the application for the review of a premises licence – Indian Villa, Thaxted.

The Chair adjourned the meeting at 10.20am.

The meeting reconvened at 10.30am.

At the invitation of the Chair, the Licensing Team Leader presented the report outlining the review of India Villa’s premises licence. She said Essex Police had sought a revocation of this premises licence based on the prevention of Crime and Disorder licensing objective, as persons had been found working illegally on the premises.

Mr Burke was invited to present the Police’s report to the Panel.

Mr Burke said on 21 June 2019 police officers had attended India Villa in relation to a report of harassment regarding a man who was known to work at the restaurant. On inspection, officers requested details of the five members of staff working at the location; only one of the five could supply identification. In all, four men were identified as immigration offenders and detained.

Three videos of the bodycam footage of the police’s inspection of India Villa were shown to the Panel. Two Police Officers were present and are shown to be questioning Mr Hussain regarding a harassment enquiry. The Officers are then shown around the premises, including an upstairs room with seven single beds that appeared to have been slept in. The Officers proceed to ask for the five members of staff working at the restaurant to present their ID. Only one of the five men presents identification. One man ignores the Officer’s request to remain in a designated area and flees upstairs. The Officer follows the man upstairs but cannot ascertain his whereabouts. It appears that the man has absconded from the upstairs window. 

Mr Burke informed members that the man who fled the building was later detained by officers nearby. He would also be charged with immigration offences.

In response to a Member question regarding the seven beds that appeared to have been slept in, the Solicitor confirmed that Environmental Health were aware of the health and safety issues at the premises and would be following up.

In response to a question from the Chair, Mr Burke said Mr Hussain had been arrested and his apparent obstruction of justice was part of the ongoing investigation.

In response to a question from the Chair relating to the workers’ pay, Mr Burke said one individual detained had confirmed that he was paid less than the minimum wage.

In response to a question from the Chair relating to the Designated Premises Supervisor, Mr Miah, the Licensing Team Leader confirmed that there had been no interaction with the appointed DPS.

In response to a question from the Chair, Mr Burke said only one right to work check dating back to January 2018 was found during the search. He confirmed that not one of the four men detained for immigration offences could provide identification.

Mr Logue was invited to comment on the review. As a neighbour to the premises he feared for his family’s safety and highlighted the example of the man who absconded from the upstairs window and jumped over Mr Logue’s fence  ...  view the full minutes text for item 3

To consider the application for a premises licence – Indian Villa, Thaxted.

Mr Sutherland requested on behalf of the Indian Villa that the meeting be deferred for three reasons:

·         An application to transfer the premises licence to a new Designated Premises Supervisor had been filed the previous day.

·         Government regulations stipulated that it was necessary to give ten working days notice of the intention to hold a hearing, and in this case the licence holder had only received 9 days notice.

·         His client had fallen ill and was not able to be present to represent himself. Mr Sutherland did not have instructions to proceed with the meeting.

The Solicitor said the Council had not received the fee to transfer the premises licence, and Essex Police had not been advised of the application. She advised that given the correct notice period had not been given, and because the client deserved the right to be heard, that the meeting be deferred.

It was agreed that the meeting would be deferred until a later date. The Chair apologised to those present for any inconvenience caused.

The meeting closed at 10.45.