Agenda and minutes

Councillor Scott Payter-Harris was elected as Chair of the Licensing Sub-Committee. He welcomed everyone and outlined the procedure that would be followed.  Introductions were made by those present.

Councillor Tom Coles had tendered his apologies.  Councillor Benedict Swann was present as his reserve.

No interests were declared.  For transparency, Councillor Payter-Harris noted that Councillor Lee Mason, a colleague from his Group, and Mr Steve Hudson, who is known to him, had made representations in this matter.  Councillor Payter-Harris informed those present that he had not discussed the matter with Councillor Mason or Mr Hudson.  When asked, Councillor Payter-Harris confirmed he had no financial ties to Mr Hudson.

To consider and determine a review application pursuant to section 52 of the Licensing Act 2003 ("the Act") and in respect of the following premises: Noble House Restaurant, 43 Osborne Road, Southsea, PO5 3LS.

The Licensing Sub-Committee is requested to determine the matter.

The Principal Licensing Officer introduced the report and set out the application for the review of the premises licence and the grounds for the review which had been submitted by Home Office Immigration Enforcement.  He explained that the application relates to the prevention of crime and disorder licensing objective.

The Principal Licensing Officer informed the Licensing Sub-Committee that in determining the review it must have regard to the promotion of the licensing objectives, the Licensing Act 2003 and other relevant legislation, the adopted Statement of Licensing Policy, current statutory guidance, and judgments.  In relation to the statutory guidance, he explained the review process and particularly highlighted the following paragraphs:  11.19, 11.26, 11.27 and 11.28.

For clarity, the Principal Licensing Officer confirmed that there was a typographical error relating to the visits made by the immigration service and that the first visit was made on 23 September 2011 and not 2012.  Subsequent visits had been made on 20 June 2012 and 23 October 2021 (page 91 of the agenda pack).

Members' questions

In response to questions from members, the Principal Licensing Officer clarified that at the time of the HO Immigration Officers' visit to the premises, on 23 October 2021, Mr Choi was the Premises Licence Holder and not the Designated Premises Supervisor.

There were no questions from the Applicant, Responsible Authorities (Police) or Premises Licence Holder and his representative.

Applicant's case

Ms Yasmin Hall, Counsel for Home Office (Immigration Enforcement) introduced the circumstances relating to the application for review. She noted that a comprehensive document had been prepared and circulated and that the Principal Licensing Officer had provided a thorough summary to the Licensing Sub-Committee in his introduction. 

Ms Hall confirmed that the Home Office was seeking revocation of the premises licence and she invited Immigration Officer David Newcomb to describe the events of the evening of 23 October 2021, set out in a series of witness statements in the pack circulated with the agenda for the hearing.  To assist with this, and with the permission of the Chair, she asked questions and Officer Newcomb provided the following information in response:

·       He had led a team of 6 officers and on entry to the restaurant, the first person he had met was Mr Choi, where upon he had tried to show him his warrant card and set out his powers to enter.

·       The visit was based on intelligence that workers without a right to work were working at the premises.

·       In standard practice two officers were positioned at the back of the premises and on entry, two others went through to the kitchen, and one was positioned by the front door.

·       Mr Choi tried to block access to the kitchen, he was enraged and shouting in Mandarin and a colleague who was using a phone interpreter service app (called Big Word), said that he was instructing workers not to engage with the officers. 

·       There were customers in the restaurant.

·       There were three people in the kitchen wearing chef's whites and  ...  view the full minutes text for item 15.