Greenwich Council

Agenda, decisions and minutes.

Venue: Committee Room 4 - Town Hall, Wellington Street, Woolwich SE18 6PW. View directions

Contact: Daniel Wilkinson  Email: daniel.wilkinson@royalgreenwich.gov.uk tel: 020 8921 5102

Items
No. Item

1.

Apologies for Absence

To receive apologies for absence from Members of the Sub-Committee.

Minutes:

There were no apologies for absence.

2.

Urgent Business

The Chair to announce any items of urgent business circulated separately from the main agenda.

Minutes:

There was no urgent business.

3.

Declarations of Interest pdf icon PDF 137 KB

Members to declare any personal and financial interests in items on the agenda.  Attention is drawn to the Council’s Constitution; the Council’s Code of Conduct and associated advice.

Additional documents:

Minutes:

Resolved –

 

That the list of Councillors’ memberships as Council appointed representatives on outside bodies, joint committees and school governing bodies be noted.

4.

Minutes pdf icon PDF 88 KB

Members are requested to confirm as an accurate record the Minutes of the meetings held on 19 December 2018 & 09 January 2019.

 

No motion or discussion may take place upon the Minutes except as to their accuracy, and any question on this point will be determined by a majority of the Members of the body attending who were present when the matter in question was decided.  Once confirmed, with or without amendment, the person presiding will sign the Minutes.

Additional documents:

Minutes:

Resolved -

 

That the minutes of the meetings of the Licensing Review Sub-Committee held on 19th December 2018 and 9th January 2019 be agreed and signed as true and accurate records.

5.

China Noodle, 21 Elm Terrace, London, SE9 5DW pdf icon PDF 202 KB

Application to review the existing Premises Licence

Additional documents:

Decision:

Review of Premises Licence

for China Noodle Restaurant

21 Elm Terrace, London, SE9

 

In reaching its decision the Sub-Committee considered the Council’s Statement of Licensing Policy, the Licensing Act 2003, the Regulations made thereunder and the Statutory Guidance issued by the Secretary of State under S.182 of that Act. In discharging its functions the Sub-Committee did so with a view to promoting the licensing objectives and in particular the prevention of crime and disorder.

 

And having considered all written representations, evidence and submissions The Sub-Committee resolved to:

 

1.    Suspend the premises licence for a period of one month

2.    The Designated Premises Supervisor, Haifang Zheng, shall be removed from the premises licence

3.    The premises licence shall be modified by the addition of the following conditions:   

 

a)    The licence holder shall maintain a Register of all employees, including relatives, working at the premises. The register shall be made available upon demand to a police officer, an immigration officer, or an authorised officer of the Licensing Authority.

b)   The Register of Employees shall record the following information for each employee:

 

i.              Full name of employee;

ii.            A copy of the Passport photograph page or National Identity Card photograph;

iii.           Date employment commenced;

iv.           Date employment ended;

v.            Eligibility to work in the UK by inspection of passport and originals of the right to work in the UK documents;

vi.           Copies of passport and right to work in the UK documents shall be retained;

vii.          Signature of the Premises Licence Holder to confirm the documents inspected and date of inspection;

viii.        Signature of employee to confirm documents inspected by the licence holder and date of inspection

ix.           The employee’s residential address.

 

c)    The premises shall install and maintain a comprehensive CCTV system as per the minimum requirements of the Metropolitan Police. All public areas of the licensed premises, including all entry and exit points and the street environment shall be covered enabling frontal identification of every person entering in any light condition.

d)   The CCTV system shall continually record whilst the premises is open for licensable activities and during all times when customers remain on the premises.

e)   All CCTV recordings shall be stored for a minimum of 31 days with date and time stamping. Recordings shall be made available upon demand to a Police Officer, Immigration Officer or an Authorised Officer of the Licensing Authority.

f)     The CCTV system shall be upgraded and maintained according to Police recommendations

g)    A member of staff who is able to operate the CCTV system shall be present upon the premises at all times when the premises are open to the public. This staff member must be able to show recorded images upon demand to a Police Officer, Immigration Officer or Authorised Officer of the Licensing Authority and/or provide copies of recorded images as directed.

 

The Sub-Committee’s decision was based on issues raised concerning the prevention of crime and disorder.

 

Basis of Decision

 

The Licensing Sub-Committee (“LSC”) considered submissions from Daniel Twynam, on behalf  ...  view the full decision text for item 5.

Minutes:

In attendance:

 

Applicant for Review      Daniel Twynam, Chief Immigration Officer,

                                      Home Office

                                     

Making representation    Faysel Ismail, Immigration Officer, Home Office in support of Review        Sgt Simon Henderson, Metropolitan Police

 

Licence Holder               Jacqueline Rubens (Legal Representative)

Haifang Zheng (Designated Premises Supervisor)

Zeng He Zheng (Licence Holder)

 

The Chair welcomed all parties and ensured that introductions were made, all papers had been received and that all parties were aware of their right to be represented.  The PLH’s Legal Representative had not received the papers and requested a brief adjournment which was agreed by the Chair. 

 

The meeting adjourned at 2.34pm and resumed at 2.40pm.

 

The Licensing Officer gave an illustrated introduction to the report.

 

The Chair excused herself from the meeting to deal with a matter of urgency and the meeting adjourned at 2.45pm.  The Chair returned at 2.48pm and the hearing resumed.

 

The Sub-Committee was addressed by the Applicant for Review.  He provided a summary of his role and of his enforcement visit to the premises on 6th January 2019.  He advised that the Home Office sought revocation of the licence for reasons outlined in his report but that if the Sub-Committee did not consider that a revocation was appropriate, the Home Office would welcome the addition of conditions to the premises licence.  He confirmed that three Chinse nationals had been arrested at the time of the enforcement visit and that the PLH and his brother, who was present at the time of the enforcement visit, had been hostile and aggressive towards Immigration Officers.

 

In response to a question from the Panel, the Applicant for Review confirmed that since the enforcement visit, one of the individuals arrested had been granted leave to remain and two others had been released on immigration bail.  He stressed that the fact they were no longer detained did not have any bearing on the case. 

 

The Chair called the IET Officer in the case, Faysel Ismail, to give formal evidence.  Mr Ismail addressed the Sub-Committee and confirmed the evidence in his witness statement. 

 

The Chair asked the Legal Representative to address the Panel.  The Legal Representative advised that the Licence Holder was very apologetic for his behaviour.  She explained this had been due to a misunderstanding created by language differences.  She added that the Licence Holder accepted he had been wrong to behave aggressively and he understood it was his duty to cooperate with Immigration Officers.  The Legal Representative submitted that the three individuals arrested were not employees. 

 

In concluding her submission, the Legal Representative asked the Panel to consider whether revocation was proportionate given the Licence Holder’s previously unblemished record, and added that it had not been firmly established whether illegal working had taken place at the premises.

 

All parties, with the exception of the Legal Advisor and Corporate Governance Officer, withdrew to allow the Sub-Committee to deliberate at 3.40pm.  All parties returned at 3.59pm. 

 

The Chair informed those present of the decision of the Sub-Committee and stated that full details would be  ...  view the full minutes text for item 5.