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Premises licence appeal victory despite immigration offences

October 27, 2017

Stuart Jessop successfully represented the premises licence holder of a fast food establishment in the London Borough of Havering in his appeal against the decision of the Licensing Sub-Committee to revoke his licence after a review brought under the Prevention of Crime Objective. The decision had focuses on an incident where an illegal immigrant had been found to have been employed at the premises.

The premises had been subject to two visits by immigration officers and on both occasions an illegal immigrant was found on the premises. On the second occasion the Appellant had received a civil penalty for employing the male concerned. There were also allegations that the premises attracted gangs and was not promoting the Licensing Objectives.

However, the Appellant argued that he was away on both occasions and had relied on managers, that there was no evidence that the first male was employed at the premises and that since the incidents he had transformed the business’s procedures and systems.

The Court held that the owner had placed reliance on the manager at a time when he had to leave the country in a hurry due to a relative being very ill and that he had significantly improved the systems at the premises. They concluded that as the legislation was forward-looking rather than punitive they were of the view that the decision was wrong, even if it wasn’t wrong at the time.

This case shows that in the right factual circumstances it is still possible to argue that, Despite the case of East Lindsey DC v Hanif ( t/a Zaraf Restaurant and Takeaway) [2016] EWHC 1265, revocation is not always the most proportionate or appropriate course in situations where there has been immigration offences associated with a particular licensed premises

Testimonials

I met Stuart when I was on the opposing side in a recent licensing appeal. Since that time Woods Whur have instructed him in matters, in the most recent of which he won and had costs awarded in our client's favour. I would have no hesitation in recommending him.

Mr. P Whur, London

Mr Jessop is excellent at identifying the issue, asking relevant questions and setting out the way forward. He is friendly & approachable at all times and puts clients at ease. He elicits and analyses the evidence and advises clients clearly on the prospects of success. We recommend Mr Jessop to clients without hesitation.

Mr. G Hopkins, London

It’s not often you meet someone as tenacious as Mr Jessop. He is committed, efficient and persuasive and possess all of the qualities you could wish for from your lawyer. He is positive where others are negative, he shows dogged determination to deliver the right result for his client. I have no hesitation in recommending him - top class.

Mr. D Rogers, London

Stuart Jessop, counsel, has covered a number of difficult Licensing applications through Sanders Solicitors, including Hearings before Licensing Committees and Appeal Hearings in the Magistrates' Court. Clients have always been complementary of Mr. Jessop's advocacy and advice. He easily grasps the issues at hand and is readily forthcoming with advice on LW, Practice and Procedure.

Mr. C Turner, London

Stuart Jessop is a member of the Institute of Licensing and holds the Professional Licensing Practitioner’s Qualification (PLPQ) and has been ranked as a leading barrister (Band 3) for licensing in the independent publication The Legal 500 for 2015.

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Stuart Jessop Barrister
6 Pump Court
Temple
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EC4Y 7AR

Tel: 07771 541449

info@stuartjessopbarrister.co.uk