A RESTAURANT has lost its licence after three Bangladeshi men were found illegally working in the kitchen during an immigration raid.
The Home Office’s Immigration Compliance and Enforcement (ICE) team executed a search warrant alongside Essex Police at the Great Gurkha in Old Road, Clacton, earlier this year.
Police and immigration officers found five men in the restaurant, three of whom were working illegally.
All three had overstayed their visas and were arrested before being released on immigration bail.
The restaurant was previously raided in February last year and two men were arrested for immigration offences.
It was decided at that time to issue a formal warning rather than to apply for a review.
But following the latest raid on January 10, Essex Police called on Tendring Council to revoke the restaurant’s licence, which gives it permission to sell alcohol on and off the premises, play recorded music and offer late night refreshment.
A report by Essex Police said: “Whether by negligence or wilful blindness one or more 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 is allowed to work.
“Essex Police asks that the premises licence is revoked. 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 engaging in criminal activity by employing illegal workers and facilitating disqualified immigrants to work illegally.
“A firm response to this criminal behaviour is required to ensure that the licence holder and its agents are not allowed to repeat the exercise and in particular, in the interests of the wider community to support responsible businesses and the jobs of both UK citizens and lawful migrants.”
Tendring Council’s licensing sub-committee met online on Wednesday to considered the reports and evidence presented by the licensing team, Essex Police and immigration officials, and decided to revoke the premises’ licence.
This sanction, the most severe the panel could impose, was issued in line with the council's policy which states that even in the case of a first immigration offence revocation could be considered.
In their reasoning councillors stated that the fact it was a second breach within 12 months meant that a warning, tightening or suspension of the licence would not be severe enough to reflect the seriousness of the offence..
Val Guglielmi, sub-committee chairman, said: “There is a wide range of fabulous restaurants and takeaways across Tendring, not only providing delicious food but also creating jobs.
“However, it is important that businesses operate legally, and as per our policy we will not hesitate to take action against those who do not follow the law.”
Restaurant owner Aishwarya Enterprise and designated premises supervisor Mithula Varatharasa were permitted to take part, but did not attend the online meeting.
But in a statement to the police the supervisor said she had been taking a break due to health issues and that another person was looking after the businesses at the time of the raid The statement said she admitted to having “lost control of business” and that the chef must have brought his friends in to work independently.
The restaurant could not be contacted for comment, but a notice in the shop window stated it was temporarily closed due to Covid-19 restrictions.
The licence holder has 21 days within which to lodge an appeal at magistrates’ court against the decision.
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