This week, the Hastings Council held two meetings, with significant decisions made at the Licensing Sub Committee meeting on Monday, 24 June 2024.

Licensing Sub Committee Meeting

Balti Hut, 72 Queens Road, Hastings

The Licensing Sub Committee reviewed the Premises Licence of the Balti Hut Indian restaurant on Queens Road, Hastings. Sussex Police applied for this review following the conviction of four men for a violent assault on a former employee of the restaurant. The convicted men, Shahanur Rahman, Ridwanur Rahman, Mominur Rahman, and Siddiqur Rahman, assaulted the victim, an illegal immigrant, after he complained about unpaid wages and threatened to report his employers.

Inspector Burroughs of Sussex Police presented the case, stating:

Sussex Police contend that the licensing objectives had been undermined by serious criminal behaviour. [...] Looking at the case in the round Sussex Police ask the Sub-Committee to consider all of the facts relating to the operation of the premises.

In response, Mr Panchal, the Solicitor representing the Premises Licence Holder, Nafisa Rahman, argued that his client had recently taken over the licence and suggested amending the licence to exclude the four men from the premises. However, the Sub-Committee decided to revoke the licence, citing the Home Office guidance on the Licensing Act 2003:

Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence even in the first instance, should be seriously considered.

The Sub-Committee unanimously agreed that the offence was serious enough to warrant revocation, even though it was the first incident at the premises.

Ocean Spice, 43 White Rock, Hastings

The Sub-Committee also reviewed the licence of Ocean Spice Indian restaurant on White Rock, Hastings. This review followed the conviction of Siddiqur Rahman, the Premises Licence Holder, for affray in connection with an assault on an employee of Balti Hut. Evidence was presented by Sussex Police and Immigration Enforcement, highlighting Mr Rahman's hostile behaviour towards authorities and the employment of illegal workers at the restaurant.

Kirstie Rolfe from the Hastings Borough Council Licensing Department stated:

a history of non-compliance over employment issues of persons not properly registered to work in the UK and a pattern of anti-authoritarian and hostile behaviour towards responsible Authorities.

PC Golding of Sussex Police also provided testimony about her safeguarding visit to Ocean Spice, noting:

when entering the restaurant there was an obvious reluctance to engage with the police which was followed by clear intimidation tactics.

Mr Panchal, representing Mr Rahman, argued that his client was a fit and proper person to hold a licence and proposed additional conditions for the licence. However, the Sub-Committee decided to revoke the licence, stating:

no confidence she can, or will, ensure their distance.

The decision to revoke the licence was unanimous.

Environment and Safety Committee Meeting

The Environment and Safety Committee meeting scheduled for Wednesday, 26 June 2024, was cancelled.

Understanding the Licensing Act 2003

The Licensing Act 2003 is a key piece of legislation that governs the sale of alcohol, the provision of entertainment, and late-night refreshment in England and Wales. The Act aims to promote four licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm¹. Local authorities, like Hastings Borough Council, are responsible for issuing licences and ensuring compliance with these objectives.