Nally Mini Market were before Carlisle City Council following an application by the Secretary of State for the Home Department (“SSHD”) to review their premises licence. Matthew Howarth, instructed by Nadeem Pervaz (Director of Edward & Amaury Solicitors of Carlisle), represented the Respondent business.
https://www.newsandstar.co.uk/news/23897721.council-set-review-license-nally-mini-market-carlisle/
The SSHD’s position was that the objectives of the licence were not being met and ought to be revoked. The Officer for the SSHD argued that the Respondent was liable for employing an illegal worker and that the CCTV in the premises was inadequate. The allegation arose following a visit from the SSHD’s Immigration Enforcement team earlier this year in August 2023.
Mr Howarth took the officer, on behalf of the SSHD, through the relevant policy criteria for employing an illegal worker, in addition to his operation of the CCTV equipment.
The positive case put by Mr Howarth was that the facts of the case did not amount to illegal working. The issue was taken that evidence did not meet the relevant criteria under the SSHD’s own policy (Code of practice on preventing illegal working). This was supported by the fact the SSHD had not issued a civil penalty notice. It was suggested on behalf of the Respondent that there could be no legal or rational basis to pursue an application to revoke the premises licence.
The Council were also drawn to the evidence given by the Officer, and the admission under cross examination, that the CCTV access was locked following the Officer incorrectly inputting the password for the system himself five times.
Carlisle City Council determined the application in favour of Nally Mini Market and agreed the evidence did not support the case put by the SSHD in relation to illegal working.
Mr Howarth was appointed to the Attorney General’s Panel in 2020 and is ranked in the Legal 500 for his Immigration practice. Since then, he has been instructed on numerous cases for and against Government in relation to the Civil Penalties Regime. He has experience mainly before the Appellant courts following applications to appeal Civil Penalty Decisions made by the SSHD.
https://www.lincolnhousechambers.com/members/matthew-howarth
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