The Licensing Sub-Committee of Ealing Council met on Wednesday, 17 January 2024, to consider a review of the premises licence for Convenience Barn, located at 217 High Street, Acton, W3 9BY. Following a review of the evidence and representations, the committee decided to revoke the licence.

Review of the Premises Licence for Convenience Barn

The primary focus of the meeting was an application to review the premises licence for Convenience Barn, 217 High Street, Acton, W3 9BY. The application was made by Robert Dear, a Licensing Compliance and Enforcement Officer for Ealing Council, following a joint visit with Home Office Immigration Enforcement officers on 15 June 2023.

During this visit, two males were found to be working at the premises who did not have the right to work in the UK. One individual was found to be in the UK illegally after previous applications to remain had been refused, and the other was found to be working in breach of their student visa conditions by working more than the permitted 20 hours per week during term time.

In addition to the immigration breaches, the premises were also found to be in violation of their licence conditions. These included selling high-strength beer above 5.5% ABV, failing to have a personal licence holder on the premises at all times when alcohol was being sold, and being unable to provide an incident log, refusal log, or training files.

Mr Dear argued that these breaches demonstrated a failure to uphold the licensing objectives of the prevention of crime and disorder and public safety, and requested the revocation of the licence.

Anil Motriam Bajaj, the premises licence holder, stated that one of the employees had a student visa and had only been working for two weeks prior to the visit. He also claimed that the other individual present was only there to look after a sick child. Mr Bajaj apologised for the mistakes made, including the presence of high-strength beer and the lack of an incident log, stating he had not been aware that the prohibition on high-strength alcohol applied to bottles as well as cans. He also mentioned that he had only taken over the business in 2022.

The sub-committee considered the evidence presented, including statements from the applicant and Home Office officers, as well as the representations from Mr Bajaj. They also took into account the Home Office (August 2023) Revised Guidance issued under s182 of the Licensing Act 2003 and the Ealing Council Statement of Licensing Policy.

The sub-committee noted that penalties had been issued by the Home Office and that the answers provided by the individuals found to be working illegally suggested continuous serious breaches of immigration law. They also considered the premises' failure to provide CCTV footage when requested and the breach of the condition prohibiting the sale of high-strength alcohol.

Given the seriousness of the breaches, including the employment of individuals without the right to work in the UK and multiple licence condition violations, the Licensing Sub-Committee decided to revoke the premises licence for Convenience Barn. The sub-committee deemed this decision to be proportionate and appropriate.