Sidcup Indian Restaurant Faces Licence Revocation Over Illegal Workers
The Home Office is pushing for the revocation of a popular Indian restaurant's premises licence in Sidcup after immigration enforcement officers discovered two Bangladeshi men working there illegally last year. The Darjeeling, located on Sidcup High Street, was fined a substantial civil penalty of £80,000 for employing the illegal workers, a fine that remains unpaid eight months after it was issued.
Licensing Review Scheduled for March 24
Bexley Council's Licensing Sub-Committee will conduct a formal review of The Darjeeling's premises licence on March 24. This review comes in direct response to an application submitted by the Home Office's Immigration Enforcement Licensing Compliance Team in January. The outcome could result in the restaurant losing its licence to operate.
Details of the Illegal Employment
According to Home Office documents, the South Central Immigration Compliance and Enforcement team visited The Darjeeling in May last year following intelligence suggesting the restaurant was employing illegal workers. During their inspection, officers encountered five employees, two of whom were confirmed to be working without proper authorization.
The first illegal worker, a practicing manager, had been employed for three weeks and was receiving £250 in cash weekly for 20 hours of work. He informed officers that restaurant owner Saiful Islam had asked if he was allowed to work, to which he replied affirmatively. However, no right-to-work checks were conducted prior to his employment. This worker was found to be in breach of his migrant health and care visa conditions, as his employment at The Darjeeling was not his sponsored role.
The second illegal worker, employed as a chef, presented a more complex case. Home Office records revealed he had entered the UK on a visitor visa in 2004, which was valid for only six months. Despite overstaying his visa by approximately 21 years and having multiple applications for leave refused, he continued to work at the restaurant. At the time of the visit, he had an outstanding application for leave but no right to work in the UK.
Owner's Response and Ongoing Penalty
Saiful Islam, the restaurant owner, claimed both men had been working for The Darjeeling for only three weeks and were being paid minimum wage in cash along with free food. He asserted he had records of payments and proof of right-to-work checks but was unable to produce these documents during the visit. Islam also admitted the second worker had been employed on and off at the restaurant for years.
The Home Office report criticized the restaurant's practices, stating: "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."
Following the discovery, an £80,000 civil penalty was imposed on Sweet Wave Ltd, a company directed by Islam. An objection against the fine was considered but ultimately rejected, and the penalty remains unpaid to this day.
