Restaurant could lose licence after immigration raid

By Matthew Critchell LDRS 5th Dec 2024

A Turkish restaurant in Basildon which was hit with an immigration raid is facing losing its licence reviewed after concerns that it has "undermined" the prevention of crime and disorder.

Basildon Council's licensing sub-committee will review the licence of The Eyna in Eastmayne, Basildon, after Home Office Immigration Enforcement requests it to be checked. The business was raided by immigration officers, with Essex Police and Basildon Council officers on July 12, which resulted in the arrest of five people, with one person facing further detention, a Government spokesman said.

The council received an application to review an existing premises licence from Home Office Immigration Enforcement on October 22.

The grounds for the application for review are that following a visit by Immigration Compliance and Enforcement Officers, accompanied by officers from Essex Police and Basildon Council's licensing team, it considers that the premises have undermined the following licensing objective of prevention of crime and disorder.

The current licence, first issued on November 1 2023, permits the sale of alcohol for consumption on the premises, the provision of live music and late-night refreshment. The Government's Immigration Enforcement is asking the council to revoke the premises licence.

The council has the power to modify the licence conditions, exclude a licensable activity from the scope of the licence, remove the designated premises supervisor, suspend the licence for a period not exceeding three months, and revoke the licence.

Documents for the meeting show the Government's Home Office raised concerns about "illegal working" being found at the business. The documents also show that the business could face a fine in relation to illegal work. 

The application for the review of a premises licence states: "We have grounds to believe the license holder has failed to meet the licensing objectives of prevention of crime and disorder, as illegal working has been identified at this premises. Officers encountered a total of 33 persons within the premises, of which I were identified as immigration offenders.

"A referral has been made to the civil penalty compliance team in relation to the illegal working and this is still under consideration.

"There were eight illegal workers encountered at the premises. Most of the workers stated that they had shown their lD card to gain employment at the premises.

"lf the license holder had done the basic checks required of him as an employer; he would have easily identified that none of these workers had the right to work at the premises. Whether by negligence or wilful blindness, illegal workers were engaged in activity on the premises, yet it is a simple process for an employer to ascertain what documents they should check before a person can work.

"All employers are dutybound by law to conduct these checks, and guidance can be found on the gov.uk website or by using a search engine. Merely remedying the existing situation, for instance, by the imposition of additional conditions or a suspension, is insufficient to act as a deterrent to the licence holder and other premises' licence holders from employing illegal workers and facilitating disqualified immigrants to work illegally, Immigration Enforcement asks that the premises licence is revoked."

     

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