Decision Maker: Licensing Sub-Committee (Licensing Act 2003 and Gambling Act 2005)

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: August 14, 2025

Purpose:

Content:  Premises:                                          White Horse, Sandhurst Lane, Sandhurst,                                                                            Gloucester, GL2 9NG                           Applicant:                                          Home Office Immigration Enforcement Licensing Compliance Team   Application for a review of a premises licence under prevention of crime and disorder objective.   Present:                                               Panel Members: Councillors G M Porter (Chair),                                                                              R J G Smith and H Sundarajoo                                                               Reserve Member also in attendance: Councillor M J                                                            Williams   Representatives of applicant:             Representative from the Home Office Immigration Enforcement Licensing Compliance Team    Representatives of the respondent:   Premises Licence Holder                                                             Colleague of the Premises Licence Holder   Responsible Authorities:                     None   Other Persons addressing the           None Sub-Committee:                                     SUMMARY OF REPRESENTATIONS   1.            Aside from the applicant, no Responsible Authorities had made representations in relation to the application.   2.            No representations were received from other persons.   PREMISES LICENCE   The premises is licensed for the following activities and hours:   Sale by Retail of Alcohol Monday to Saturday 10:00 – 00:00 Sunday 12:00 – 23:30 Christmas Day 12:00 – 22:30 Good Friday 12:00 – 23:30 New Year’s Eve 10:00 – 00:00 (on 2 Jan) Late Night Refreshment Monday to Saturday 23:00 – 00:00 Sunday 23:00 – 23:30 Good Friday 23:00 – 23:30 New Year’s Eve 23:00 – 05:00 (on 1 Jan)   DECISION   Having considered the application; the evidence provided; the representations made by all parties, including those made at the hearing; the provisions of the Licensing Act 2003 which conferred the powers of the licensing authority to deal with the application; the obligation to promote the four licencing objectives; the relevant sections of the Council’s Statement of Licensing Policy; and the Statutory Guidance, it was resolved that the premises licence be REVOKED.     REASON   The Licensing Sub-Committee considered that it must carry out its functions with a view to promoting the four licensing objectives, as set out in Section 4(2) of the Licensing Act 2003.  The premises licence holder had undermined the licensing objectives, in particular that of the prevention of crime and disorder, and there was no reason to believe he was mistaken in employing the illegal workers.     CONSIDERATION   The licensing authority had conducted a review at the behest of the Home Office on the grounds that the premises had been used for criminal purposes by having three illegal workers in the premises in August 2024.   The premises licence holder had exercised his right of appeal to the Home Office and this was dismissed.  The premises licence holder then appealed this decision to the County Court whereby a Consent Order was agreed between the parties and an agreed amount of £82,000 was to be paid back to the Home Office in instalments, thereby the premises licence holder accepted he was at fault.   Multiple illegal workers, on more than one occasion, was a very serious activity and the premises licence holder had not learned from the previous time in 2019.   As per the Section 182 guidance there was certain criminal activity that should be treated particularly seriously; this included employing a person who was disqualified from that work by reason of their immigration status in the UK.  The guidance went on to say that when a licensing authority deemed that the crime and prevention licensing objective had been undermined, as was the case here, it was expected that revocation of the licence - even in the first instance - should be seriously considered.   There was nothing the premises licence holder offered to the Sub-Committee to make Members believe that this would not happen again, given there was an incident in 2019 and three illegal workers found in 2024, and he put forward no suggestion of any procedures or policies he had implemented to stop this happening in the future     APPEAL   All parties were reminded of their rights of appeal against the Licensing Authority’s decision pursuant to Section 181 of and Schedule 5 to the Licensing Act 2003. An appeal must be made to the Magistrates’ Court and commenced within 21 days of notification of the authority’s decision.