Agenda and minutes

In accordance with the local Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda. Any councillor with a DPI must not participate in any discussion or vote regarding that matter and that they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, you must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

There were no disclosures of interest.

In arriving at its decision, the Sub-Committee took into account the relevant representations submitted verbally and in writing. The Sub-Committee was also made aware that the following sections of the Licensing Policy were relevant:

·        Section 4.3-4.4: (Fundamental Principles) 

·        Section 12.5, 12.1.1 and 12.1.14: (Prevention of Crime & Disorder)

·        Section 17: (Licence Conditions)

·        Section 20.1-20.2: Reviews

The following sections of the Guidance issued by the Secretary of State under Section 182 of the Licensing Act 2003 were also relevant:

·        Section 2, paragraph 2.6: The licensing objectives

·        Section 9, paragraph 9.25 and 9.38: Determining applications

·        Section 11, paragraph 11.26, 11.27. 11.28, 9.42-9.44: Reviews

The Sub-Committee received a report from the Senior Specialist, Licensing and Community Safety, Mike Smith.  An application for a Review of the Premises Licence held for Guildford Manor Hotel had been called for by the Home Office Immigration team as a responsible authority.  The licence had been in effect since conversion in November 2005 and is held by Nahid Residential Ltd, having been transferred in January 2015.  The Designated Premises Supervisor (DPS) was a Mr Andrew McNeil.  An application had recently been received to vary the DPS to Mr Douglas McNeil. 

The Review had been called for on the grounds of the prevention of crime and disorder following the discovery of illegal workers at the premises on 31 May 2023 by the Home Office Immigration Team and Police.  This was the second occasion that illegal workers had been found at the premises following a previous visit on 24 November 2021.

The application sought the revocation of the premises licence on the grounds that all operators were expected to take steps to promote the licensing objectives, with the Home Office (Immigration Enforcement) believing Nahid Residential Ltd by employing illegal workers are not preventing crime and disorder and therefore should no longer be allowed to hold a premises licence.

The Sub-Committee noted that the employment of illegal workers was a serious crime.  Any action taken, should always be no more than appropriate and a proportionate response to address the causes of concerns that instigated the review.  The Sub-Committee was reminded of the steps it could take that were appropriate for the promotion of the licensing objectives such as modifying conditions, excluding a licensable activity, removing the DPS, suspending the licence for 3 months or revocation of the premises licence.

The Chairperson invited the applicant, Caroline Laird to speak on behalf of the Home Office Immigration Team and make their representation.  Ms Laird confirmed that they had found illegal workers at the Guildford Manor Hotel on two occasions which was against the law and contravened the licensing objective of preventing crime and disorder.  On the 31 May 2023, the Home Office Immigration Team found seven workers, of which two were found to be working illegally.  In November 2021, two illegal workers were also found.  The hotel management was aware of the checks required to be carried out so to ensure that their employees had the right to work.  A civil penalty fine  ...  view the full minutes text for item 2.