A restaurant which faces losing its licence after a Home Office raid may not need one to stay open after all.
Three immigrants were found working illegally at Kerela Flavours in Seaside, Eastbourne during an immigration enforcement visit in June last year.
The restaurant management has since paid a fine – discounted to £28,000 for early payment – and is now facing a review of its licence.
But at yesterday’s licensing panel hearing, owner Md. Azim Uddin Chowdry said that doesn’t open past 10.30pm nor sell alcohol – the two activities his licence permits him to do.
The three Eastbourne Borough councillors on the panel asked him why the business still required a premises licence.
Mr Chowdry said he had been under the impression that he required a licence to operate a Bring Your Own Bottle policy for customers — something officers confirmed was not the case.
Speaking after the hearing was adjourned, Mr Chowdry said he also wanted to keep the licence in order to maintain the ability to play recorded music within the premises and safeguard the overall value of the business should he wish to sell it in future.
The hearing was in response to an application from the Home Office to revoke the licence.
Representing the Home Office, immigration officer Amy O’Riordan said: “The ability to work illegally is a key driver of illegal migration in the United Kingdom; it encourages people to break the UK’s immigration laws and it provides practical means for migrants to remain unlawfully in the United Kingdom.
“The Home Office does not wish to be involved in unnecessarily restricting genuine community services, such as successful pubs, restaurants or shops. However, there are concerns over the way this business is being run.
“There needs to be something to remedy that failure and a significant way of ensuring it will not be repeated. This should also serve a clear message to other businesses, who are fully compliant with the relevant legislation, that satisfactory action has been taken.”
Ms O’Riordan went on to say it was was the Home Office position that the licence should be revoked, but asked councillors to consider adding further conditions should they stop short of this measure. These conditions should include the maintenance of up-to-date employment paperwork, she said.
Mr Chowdry told the panel he had put in place new processes to ensure potential employees were eligible to work in the UK.
After hearing from both parties, councillors retired to make their decision on the next steps. This decision is expected to be published within the next five working days.
The decision will be open to appeal through the courts.
