MID Devon District Council is to take action following the discovery of five illegal workers at a Newton St Cyres restaurant.
It was on December 9, 2022 that the Belluno Italian Restaurant, Newton St Cyres, Exeter, EX5 5DA was visited by Home Office (Immigration Enforcement).
Immigration officers found an Albanian with no evidence of entering the UK legally working as a chef, a Greek woman with a visitor visa working as a waitress, a Romanian woman with a visitor visa working as a barmaid, an Albanian man who was an illegal entrant who arrived in the UK on a small boat in September 2022 with no right to work who admitted doing occasional work and an Albanian woman who "helped as a waitress" also suspected of illegal working.
The Albanian man who was working as a chef was served immigration papers for illegal entry into the UK and was accepted into immigration detention pending removal from the UK.
The premises license at Belluno Italian Restaurant is held by Kirton Ventures Ltd and the Designated Premises Supervisor is Mr Haqif Derti.
Mid Devon District Council said it received an application from the Home Office (Immigration Enforcement) for review of the premises licence for Belluno Italian Restaurant, Newton St Cyres, Exeter, EX5 5DA, on June 14.
In a statement issued to the "Crediton Courier" the council said: "On receipt of the application, the Council carried out the steps required by the Act in requiring notice of the review to be given, advertising the review application and inviting representations.
"A public hearing before the Licensing Sub-Committee was set for September 5, 2023 at the Council’s offices in Tiverton.
"The Sub-Committee had prior to the hearing read the written report of the Council’s Licensing Officer, the Home Office evidence and the evidence filed on behalf of Belluno’s licence holder.
"They also heard further representations and answers to questions during the hearing on behalf of the parties. "The Sub-Committee resolved to remove the designated premises supervisor and to suspend the licence for a period (to be decided by the licence holder) in October 2023 from 12 noon on a Friday until 12 noon on the following Monday.
"An appeal against the decision may be made by the Home Office and/or Belluno’s licence holders within 21 days from notification of the decision of the Sub-Committee.
"The decision will not take effect until the end of the period given for appealing against the decision, or if the decision is appealed against, until the appeal is disposed of."
The Home Office says that Section 36 and Schedule 4 of the Immigration Act 2016 amended the Licensing Act 2003 to introduce immigration safeguards in respect of licensing applications made in England and Wales on or after April 6, 2017.
The intention is to prevent illegal working in premises licensed for the sale of alcohol or late-night refreshment.
It said that five illegal workers were encountered at the premises, adding that it is an offence to work when a person is disqualified to do so, and such an offence can only be committed with the co-operation of a premises licence holder or its agents.
In this case, the business owner Haqif Derti admitted to employing the workers.