A Lynn restaurant which has been housing illegal workers – and paying them less than minimum wage – could lose its licence.
Immigration Enforcement, part of the Government Home Office, has submitted an application to West Norfolk Council for a Review of the Premises Licence at The Spice Inn.
This comes after an East of England Immigration Compliance and Enforcement (ICE) team visited the London Road business in July, resulting in four workers being arrested.
The license holder is therefore said to have failed to prevent crime and disorder.
The application will go before a borough council licensing sub-committee hearing tomorrow morning, and could result in the restaurant’s licence – which allows it to sell alcohol for consumption on and off the premises – being revoked.
This licence was first granted back in 2014.
In a report put to the borough council, Immigration Enforcement officers said: “There were four illegal workers encountered at the premises out of a total of six staff members present.
“The business owner/manager was spoken to by officers where he admitted he had not completed the required right to work checks for his staff members because he needed staff as the business was ‘new’ – although there is nothing to suggest this is the case.
”(The owner) has deliberately overlooked the rules and laws in place to prevent crime and disorder by failing to check his employees’ permission to work to save himself time and money.
“Furthermore, (he) stated he typically pays his employees between £9-10 an hour which is lower than the National Living Wage of £10.42 an hour.
“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.
“The use of illegal labour provides an unfair competitive edge and deprives the UK economy of tax revenue.”
On July 27, immigration officers arrested the following four men:
– One encountered at the rear of the kitchen in a staff only-area. He told the officer that he had last entered the UK on a visa 17 years ago.
Home Office checks revealed that he had an appeal outstanding against a refused ‘leave to remain’ application and he held no permission to work in the UK.
He stated that he does not work at the restaurant, despite being in a staff-only area. However, when the employer was spoken to on the phone, he told the officer that this man was a pot washer in the restaurant – and then stated that he was a chef.
– The next man was found in the kitchen preparing food. He admitted to officers that he had no permission to work.
Checks revealed that he entered the UK with a visa as a visitor. This visa was valid from August 2010 and expired in February 2011 – he had failed to leave the UK or regularise his permission to remain in the country.
He stated he has been working at the premises for nearly a year as a waiter/front-of-house staff. He told the officer he works a minimum of four to five days a week but that there is no fixed time, and that he helps out “when it is busy”.
He found the position was available from the Job Centre, and receives accommodation, food, and “a little money” (£40-50 a week) for working at The Spice Inn.
The man said that the owner did not ask to check his right to work or immigration status before he was offered the job and that he knew he had no permission to work in the UK.
– Another was encountered in the kitchen wearing chef’s whites and an apron, and told officers that he had a visitors’ visa.
He entered the UK on a visit visa which was valid from July 25, 2022 and expired on January 25 this year. He had failed to leave the UK or regularise his permission to remain in the country. This visitor visa did not give him the right to work.
He said he had been working at the restaurant for two months and is paid £150 per week and also has accommodation provided. He added that the owner did not check his right to work or immigration status before giving him the job.
When spoken to, he initially stated that was visiting the restaurant as a family friend but does not work there. When asked why would be wearing chef’s whites if he did not work there, he said he was not sure and was ‘probably cooking for himself’. However, he later stated that was a chef at the restaurant.
– The final man arrested was found in the kitchen. He entered the UK on a working holiday visa which expired on November 23, 2010. He had failed to leave the UK or regularise his permission to remain in the country.
He stated that he had been working at the restaurant for two years and that he works all roles in the business, up to five days a week. He told the officer he is paid £150 per week in cash and receives food as payment.
He said the owner gave him the job, and did not think that any checks had been done on his right to work or immigration status. When spoken to, he stated that was a relative and lives upstairs in the accommodation and that he did not work at the restaurant – despite admitting to working at the restaurant.
Furthermore, an employee that was cleared of illegal working informed officers that all the four individuals under arrest are employees of the restaurant.
The manager of The Spice Inn was identified by all members of staff and confirmed he was the business owner, and although he was not present at the time he was spoken to over the phone.
When asked if right to work checks are completed, he stated that he normally asks for staff ‘to provide details but it’s a new business’.
When asked if he had completed all right to work checks for all the staff present at the restaurant, he replied ‘some yes some no I’m waiting for checks’.
He further stated that he has allowed staff to begin employment without checking any right to work documents because he needed staff.
