The Licensing Act 2003 Sub-Committee met to consider an application for the review of a premises licence. The report pack included a declaration of interest form, and an application for review of a premises licence relating to The Royal Kitchen. The application was submitted by the Home Office Immigration Enforcement, who were seeking the revocation of the licence.

Here's what was scheduled to be discussed at the meeting.

Application for Review of Premises Licence

The Sub-Committee were scheduled to consider an application to review the premises licence for The Royal Kitchen at 101 Duckworth Street, Darwen, BB3 1AT.

The application for review of premises licence LP70939 was made by the Home Office Immigration Enforcement. The applicant stated that they believed that the licence holder had failed to meet the licensing objectives of prevention of crime and disorder, as illegal working had been identified at the premises.

According to the report pack, Section 36 and Schedule 4 of the Immigration Act 2016 amended the Licensing Act 2003 to introduce immigration safeguards in respect of licensing applications made in England and Wales on or after 6 April 2017, with the intention of preventing illegal working in premises licensed for the sale of alcohol or late-night refreshment.

The Home Office Immigration Enforcement stated that on 7 December 2024, the North West England Immigration Compliance Enforcement (ICE) team visited The Royal Kitchen and encountered three individuals who did not have the right to work in the UK.

The report pack stated that Wanshixing Ltd was issued a civil penalty of £40,000 on 29 January 2025, which was paid in full by 20 May 2025. According to Companies House, Shixing Wang is the company director.

The Home Office Immigration Enforcement asked that the premises licence be revoked, stating:

Merely remedying the existing situation (for instance by the imposition of additional conditions or a suspension) is insufficient to act as a deterrent to the licence holder and other premises' licence holders from employing illegal workers and facilitating disqualified immigrants to work illegally.

Background

The Royal Kitchen is described in the report pack as an oriental restaurant with a takeaway facility on the ground floor of a two-storey terraced building on the A666 in Darwen.

Wanshixing Ltd applied for a new premises licence for The Royal Kitchen on 26 June 2024. The licence, which was issued on 29 July 2024, authorises the retail sale of alcohol for consumption on and off the premises between 11am and 11pm every day of the week. Shixing Wang was named as the Designated Premises Supervisor (DPS).

Considerations

The Council's Statement of Licensing Policy 2025 includes the following guidance in relation to standard licence reviews:

The Licensing Authority will normally revoke the licence, even in the first instance, if it is satisfied that the premises are being used to further criminal activity, including the employment of illegal workers.

The report pack also included extracts from the Statutory Guidance issued under s.182 of the Licensing Act 2003, which states:

It is envisaged that licensing authorities, the police, the Home Office (Immigration Enforcement) and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime. 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.

Annexes

The report pack included the following annexes:

• [Appendix 1][Appendix 1] - Location plan
• [Appendix 2][Appendix 2] - Companies House information for Wanshixing Ltd
• [Appendix 3][Appendix 3] - Premises licence LP70939
• [Appendix 4][Appendix 4] - Application for review
• [Appendix 5][Appendix 5] - Supporting evidence
• [Appendix 6][Appendix 6] - Extract from the Statutory Guidance issued under s.182 of the Licensing Act 2003