The Licensing Act 2003 Sub Committee of Darlington Council met to consider an application to review the premises licence of the Oak Tree Inn, Middleton St George. The review was requested by the Home Office on the grounds that the prevention of crime and disorder licensing objective had been undermined. Councillors were asked to determine the application in accordance with Section 52 of the Licensing Act 2003.

Review of Premises Licence - Oak Tree Inn

The sub committee were scheduled to discuss an application from the Home Office (Immigration Compliance and Enforcement) to review the premises licence of the Oak Tree Inn, Middleton St George, Darlington, DL2 1HN.

According to the report pack, the Home Office had applied for a review of the premises licence under Section 51 Licensing Act 2003, because of concerns that the crime and disorder objective had been undermined.

The report pack stated that on 18 December 2024, Immigration Compliance Enforcement (ICE) officers visited the Oak Tree Inn and found four illegal workers.

Four illegal workers were encountered during the enforcement visit – of which three did not hold the right to work and one working in breach of conditions.

The report pack also stated that a civil penalty of £90,000 had been issued to Missim Ltd on 10 February 2025 for employing two people without the right to work. Missim Ltd is the company responsible for the Oak Tree Inn business, and Ersin Aydin is the business owner and company director. The report pack stated that the penalty remained unpaid and had been referred to a third-party debt collection agency.

The report pack included a summary of the licensing history of the premises. It stated that in March 2009, an arson attack caused an estimated £118,000 of damage. In September 2010, a complaint was made that a customer had been served by a child working alone behind the bar. In November 2010, a warning letter was sent to the premises management following a complaint of noise. During 2023 and into 2024, there were several complaints from a nearby resident about anti-social behaviour.

The report pack stated that the Home Office had requested that the premises licence be revoked.

Immigration Enforcement asks that the premises licence is revoked. 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.

The report pack noted that no representations were made by responsible authorities or members of the public in relation to this application.

The sub committee were advised that they may consider the following options:

• Modify the conditions on the licence
• Exclude a licensable activity from the scope of the licence
• Remove the Designated Premises Supervisor
• Suspend the entire licence for a period not exceeding 3 months
• Revoke the licence
• Take no action against the licence

The report pack also included the following appendices:

• Premises Licence
• Notice of Review
• Application for the Review of a Premises Licence
• Premises Licence Review Pack
• Request to attend hearing
• Extracts from policy
• Extracts from Section 182 Guidance

The Licensing Act 2003 requires the Licensing Authority to carry out its functions with a view to promoting the four Licensing Objectives:

• The Prevention of Crime and Disorder
• Public Safety
• The Prevention of Public Nuisance
• The Protection of Children from Harm

The Licensing Authority must also have regard to its Licensing Policy and any guidance issued by the Secretary of State. The Licensing Act 2003 allows the Licensing Authority to depart from its own Policy or the Secretary of State's Guidance if it has good cause, but must be able to give full reasons for such a departure.