Decision

 DECISION NOTICE

1. Morley’s, 312 Lewisham High Street, London SE13 6JZ (“the Premises”) has a premises licence PL0630 for the provision of late-night refreshment 23:00 to 03:00 hours Monday to Thursday; 23:00 to 05:00 hours Friday & Saturday and 23:00 to 02:00 Sunday. The premises licence holder (PLH) is Kandasamy Patkunan.
2. Home Office Immigration Enforcement applied for a summary review of the premises licence on 16th July 2026, under section 51 of the Licensing Act 2003, on the grounds that illegal working identified at the premises meant that the PLH has failed to meet the licensing objectives of prevention of crime and disorder.
3. This application was advertised in accordance with regulation 38 of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005. The last day for representations was 13th August 2026.
4. A written representation was received by Sean Rodway from the Metropolitan Police fully supporting the premises licence review application. A representation was made by Kennedy Obazee, Lewisham Council as a responsible authority supporting the review application. This was on the basis that the evidence submitted by Immigration Enforcement demonstrated conduct concerning the operation of the premises which tends to undermine the licensing objective of the prevention of crime and disorder. Taken as a whole the evidence was credible and sufficient to support the review application.
5. Both representations were received in time and were considered and deemed relevant as relating to the licensing objectives.
6. The Licensing Sub-Committee C held a meeting on the 8th of September 2026 to consider the application. Safer Communities, Licensing Officer, Angela Mullin-Murrell, introduced the report. Alexandra Romano from the Home Office (Licensing Compliance) addressed the Sub-Committee on behalf of the applicant for a set period and answered Members’ questions. She concluded that revocation was proportionate and necessary to uphold the licensing objectives.
7. Both the Police and Licensing Authority who made written representations in support of the review informed the Sub-Committee that they had nothing further to add and neither made an oral representation at the meeting.
8. Mr Sayem Khondoker, of MK Adams solicitors, representing the premises licence holder, Mr Kandasamy Patkunan, responding to the review application addressed the Committee for the set period and answered Members’ questions. He said that the reduction of the civil penalty from £90,000 to £31,500 only applying to one employee and no proven further incident of illegal working meant revocation was neither necessary nor proportionate and Mr Patkunan was prepared to accept appropriate conditions attached to the Licence.
9. All representatives were given an opportunity at the end to briefly sum up their respective positions.
10. In arriving at its decision, the Committee has considered all the papers contained in the report pack and filed documents, including written representations, together with the oral submissions made at the hearing. The Committee also considered the Council’s own Statement of Licensing Policy 2026-31 and the latest Home Office Statutory Guidance, revised on 12th February 2026.
11. The Sub-Committee considered the five possible actions it had the power to take. The decision of the Sub-Committee is to allow the current premises licence for late night refreshment to continue with the ten conditions attached to this notice in place. And within 28 days of the date on which these conditions take effect, the PLH shall provide to the Licensing Authority written confirmation, together with supporting evidence where requested, demonstrating compliance with the attached ten conditions. And failure to comply with this will result in a further review of the Licence.
12. The Sub-Committee’s reasons for taking this decision are:

a.     It recognises that employing persons in licensed premises who are disqualified by their immigration status is criminal activity and should be treated particularly seriously.

b.     In the circumstances of this case, revocation or even suspension for a period of up to 3 months, for instance, to allow time to comply with conditions, would not be proportionate and might bring the business to an end.

c.      The ten conditions support the implementation and maintenance of a comprehensive right to work policy and are proportionate, appropriate and necessary to promote the licensing objectives, in particular the prevention of crime and disorder.

d.     Requiring the PLH to provide within 28 days written confirmation and supporting evidence where requested to demonstrate compliance, with a review in default, is proportionate and necessary to ensure implementation.

e.     With the venue continuing to operate, the Sub-Committee noted that if a matter arises at the premises in connection with any of the four licensing objectives, it was open for any person to initiate a further licence review process.

1. There is a right of appeal against this decision. Any appeal should be made to the Magistrates’ court within 21 days beginning with the day on which the Appellant was notified of the decision.

Any person who has given notice of appeal on a licensing decision to the Magistrates Court, or is considering doing so, should not approach council officers for legal advice. A person making an appeal should seek independent legal advice, for instance, from a firm of solicitors or the local Citizens Advice Bureau may be able to assist.

18th September 2026

Prevention of Crime and Disorder

1. Right to Work Verification

No person shall undertake any work at the premises unless the Premises Licence Holder has first completed a right to work check in respect of that person in accordance with the Home Office guidance applicable at the date of the check.

1. Retention of Right to Work Records

The Premises Licence Holder shall retain evidence of all right to work checks undertaken pursuant to Condition 1. Such records shall include:

(a)  the full name of the individual concerned;

(b)  the date the check was completed;

(c)  the method by which the check was undertaken; and

(d)  copies of the documents or online verification evidence relied upon.

1. Follow-Up Checks

Where an individual's right to work in the United Kingdom is time limited, the Premises Licence Holder shall ensure that any follow-up checks required by Home Office guidance are completed before the expiry of the relevant permission to work and records of such checks shall be retained.

1. Staff Register

An up-to-date register of all persons working at the premises shall be maintained and shall include:

(a)  the individual's full name;

(b)  their position or role;

(c)  the date employment or engagement commenced;

(d)  the date the initial right to work check was completed; and

(e)  where applicable, the date by which a follow-up right to work check is required.

1. Availability of Records

The records required by Conditions 2, 3 and 4 shall be kept at the premises or be immediately accessible electronically from the premises and shall be produced upon request to an authorised officer of the Licensing Authority, a police constable or an authorised immigration officer.

1. Recruitment and Compliance Responsibility

The Premises Licence Holder shall designate a manager with responsibility for ensuring compliance with Conditions 1 to 5 and shall keep a written record of that designation.

1. Training

Any person responsible for recruiting, engaging or verifying staff employed at the premises shall receive training in right to work requirements and the procedures required by this

licence condition package prior to undertaking those duties. Refresher training shall be completed at least every 12 months.

1. Training Records

Written records of all training required by Condition 7 shall be maintained and retained for a minimum period of 12 months and shall be made available for inspection upon request by an authorised officer of the Licensing Authority.

1. Quarterly Compliance Audits

The Premises Licence Holder shall undertake and document a compliance audit at least once every three months to ensure adherence to Conditions 1 to 8. Records of each audit shall be retained for a minimum period of 12 months.

1. Agency and Temporary Staff

No agency worker, contractor, subcontractor or temporary worker shall undertake work at the premises unless the Premises Licence Holder has obtained and retained written confirmation that an appropriate right to work check has been completed in respect of that individual.