Issue - meetings

Members of the Statutory Licensing Sub Committee of the Council’s Statutory Licensing Committee were asked to consider an application for a review of a premise licence for Lebaneat, 48 High Street Yarm Stockton-on-Tees, TS15 9AH from the Home Office Immigration Enforcement under section 51 of the Licensing Act 2003, on the grounds of the prevention of crime and disorder.

The Chair introduced all persons who were present and explained the procedure to be followed during the hearing.

A copy of the report and supporting documents had been provided to all persons present and to members of the Committee.

Members noted that the review of the premises licence was made at the request of the Home Office Immigration Enforcement.

The Immigration Compliance & Enforcement Officer from Home Office Immigration Enforcement, Ms Henderson explained to the Sub-Committee that the ability to work illegally was a key driver of illegal migration; it encouraged people to break the UK’s immigration laws and provided practical means for migrants to remain unlawfully in the UK.

The Sub-Committee heard that working illegally was a criminal offence and an illegal worker may receive a custodial sentence of up to six months and an unlimited fine upon conviction. Ms Henderson told the Sub-Committee that employing illegal workers was also a criminal offence, undermining the prevention of crime and disorder licensing objective.

Ms Henderson explained that it was not routine for the Home Office to seek a review, and that was only undertaken in particular cases where there were increased concerns around illegal working.

The Sub-Committee heard that on 26 March 2024, the Home Office’s North East Immigration Compliance and Enforcement team visited the premises, accompanied by a Licensing Officer, after intelligence was received that the premises was employing illegal workers.

Ms Henderson stated that three illegal workers were encountered at Lebaneat, out of a total of five staff members present. The Sub-Committee heard that one of the illegal workers, who was also seen at the premises on previous occasions, was identified by two employees as holding a managerial position, having worked at the premises for a considerable amount of time. Ms Henderson expressed the Home Office’s concern that an illegal worker had been placed in a managerial position.

The Sub-Committee heard that the remaining two illegal workers found on the premises had both been issued with application registration cards, confirming that they had no right to work in the UK. The Sub-Committee were told that one of the illegal workers admitted that their employer was aware that he had no right to work.

Ms Henderson explained to the Sub-Committee that all employers were dutybound by law to conduct right to work checks. The Sub-Committee heard that a referral was made to the Home Office’s Civil Penalty Compliance team in relation to illegal working at the premises, following which a penalty notice in the sum of £45,000 was issued on 1 August 2024.

The Sub-Committee were informed that another Lebaneat premises in Durham had their premises license revoked in 2018, due  ...  view the full minutes text for item 3