(1)

considered report from Director of Public Health and the law, policy and guidance contained therein;

(2)

considered the written application for review and verbal representations from Home Office Immigration Enforcement as follows:

·        

they believed the Premises Licence Holder (PLH) had failed to meet the Crime Prevention licensing objective as illegal working had been identified at his premises;

·        

immigration safeguards had been brought in April 2017 with an amendment to the Licensing Act 2003 by S.36 and Schedule 4 of the Immigration Act 2016 with the intention to prevent illegal working in premises licensed for the sale of alcohol or late night refreshment;

·        

On the 3.12.21 Immigration enforcement entered Nibana restaurant under S.179 Licensing Act 2003, the details were as follows:

o    

Four arrests were made for illegal working and a £40,000 penalty was issued to Future Spice Limited. The penalty was maintained following an objection. The penalty is being paid by instalments with the last payment on the 11 August 2022. The current balance is £35,555,52 (as at 16.08.22). One of the workers found working illegally was the same person as had been found working illegally in 2016.

o    

One of the illegal workers was working at one of the burner rings cooking food, dressed in black and wearing a black apron. Checks on the Home Office system revealed he had no permission to work. He said he had been working there for two weeks and helped chef cook the curry. He worked every day for 5 - 6 hours and had a day off each week. He said he had wanted to help as a volunteer. He had found the restaurant on a Facebook staff enquiry post. Mr Miah had interviewed him and he thought he was the boss. Mr Miah gave him 2 months as a volunteer - he did not get paid and just received food and accommodation. He had provided Mr Miah with documentation

o    

The second illegal worker had been working there since June 2021 and was a cook/second chef. He worked 35 hours over 5 days. He identified Mr Enayeth Hussain as the person who offered him the job and said that it was either Mr Hussain or his brother who paid him. He was paid £8.91 per hour by cheque and he gets free food and accommodation. He thought he was allowed to work in the UK because of his card; he did not know what right to work checks had been carried out but he had showed the boss his card as he had asked him for documentation to prove his right to work. The officer had confirmed to him that the card he held meant that he could only work on the shortage occupation list and that working in a restaurant was not on that list.

o    

Two other workers confirmed that they did not have the right to work in the UK. The two workers were interviewed but throughout the interview Mr Hussain tried to interrupt  ...  view the full minutes text for item 15.