Licensing Case Study

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Created on June 05, 2019

Grant Long avoids Premises Licence Revocation for two restaurants

Solicitor Grant Long recently represented two restaurants facing revocation of their licences after an unannounced Home Office Immigration Enforcement inspection found kitchen and waiting staff with no entitlement to work in the UK.

From 6th April 2017, immigration safeguards were introduced to prevent illegal working.  This resulted in Immigration Enforcement being given the power to seek revocation or suspension of a licence through a review procedure.

In this case, an application was made to the Local Authority seeking licence revocation.  Had this application been granted, the restaurants would have lost their right to provide alcohol, late night refreshment and entertainment.  In short, it would have put them out of business.

How Old Bailey Solicitors can help to fend off an application to revoke a Premises Licence

Grant Long, an experienced Licensing lawyer, knew that his client’s best chance of retaining the licences was to enter into negotiation before the case reached a full hearing.  As such, he entered into extensive negotiations with Immigration Enforcement.   Success was eventually achieved by focusing on the positive aspects of his client’s businesses, recognising its failings and by seeking to allay the concerns of Immigration Enforcement regarding future conduct.

The licence revocation application in respect of the two restaurants ended after the parties agreed to the imposition of additional licence conditions, which were subsequently approved by the Local Authority.

The restaurants had retained their Premises Licences and were able to continue to trade profitably.

Why this was a particularly impressive outcome

This was an impressive outcome, especially given Immigration Enforcement often take an uncompromising approach in such cases and will resolutely apply for the revocation of a licence. The Local Authority, mindful of the exploitation of workers and tax evasion, will also take a robust approach with licensed premises when determining any application to revoke.

How can Old Bailey Solicitors assist you to retain your Premises Licence?

If you’re facing similar action having been accused of employing workers with no entitlement to work in the UK, it is important you speak with us. Your licence is very much at risk.
Furthermore, you face thousands of pounds in civil penalties. We can help you to retain your licence and to limit the cost.

If you are not facing enforcement but are instead concerned your premises may not have sufficiently comprehensive procedures in place to check and document an employee’s right to work in the UK, we can review and, if necessary, improve your existing arrangements.

Please contact our Licensing Department on 0207 8464 999 (Option 3) or at [email protected]

Grant Long

Grant Long

Grant Long undertakes licensing work in alcohol and entertainment applications on behalf of pubs, bars, nightclubs, off-licences, social clubs and restaurants.  He is experienced in navigating contested applications before Local Authorities and appeals to the Magistrates’ Court.

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