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Review of Premises Licence on the Grounds of Prevention of Crime – Actual Conviction Not Necessary

Review of Premises Licence on the Grounds of Prevention of Crime – Actual Conviction Not Necessary

One of the objectives under the Licensing Act 2003 is the prevention of crime and disorder. It is not necessary for there to have been an actual conviction itself. The goal of the subjective is to prevent crime and disorder. In East Lindsey DC V Hanif (T/A Zaraf Restaurant and Takeaway) (2016) EWHC1265 (Admin) the applicant owned and managed a restaurant that was the subject of a joint Police and Immigration visit. The officials found a chef working at the premises who was in fact an illegal worker with no right to be or work in the UK. The restaurant owner had been paying the chef cash in hand beneath the minimum wage and no tax payments were made to HMRC. The Magistrates had overturned the decision on the basis no crime had actually been committed. The High Court overturned this decision and held that the Judge had been wrong. A prosecution or criminal conviction was not required for the licensing authority’s crime prevention objective to be engaged. The purpose of the licensing act was to prevent crime and disorder. It was not necessary for there to have been an actual conviction.

Blog by Winston Brown

Winston Brown is the Principal Solicitor of Brown & Co Solicitors which specialise in licensing law. If you wish to discuss your matter, please call us on 020 8858 5996, or email us at enquiries@brownandcosolicitors.co.uk.

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