High Court judge backs revocation of licence for employment of illegal worker

A local authority has won an appeal to the High Court over its decision to revoke a premises licence after a restaurant employed an illegal worker.

A raid by the immigration authorities on Zara’s restaurant in East Lindsey had revealed that the owner, Mr Hanif, was employing the worker.

The police instigated review proceedings and the licensing authority revoked Hanif’s licence.

Hanif appealed successfully before a district judge. His legal team submitted that given he had received a civil penalty under s. 15 of the Immigration, Asylum and Nationality Act 2006, and had not been prosecuted under s. 21 for employing the illegal worker, the crime prevention objective was not engaged.

East Lindsey District Council appealed by way of case stated.

The authority’s legal team, Philip Kolvin QC of Cornerstone Barristers and David Dadds of Dadds LLP, argued that it was not necessary for a crime to have been reported, prosecuted or established in a court of law in order for the crime prevention objective to be engaged. The licensing objectives were prospective, and were concerned with the avoidance of harm in the future.

Mr Justice Jay upheld the council’s appeal and decided that remission of the case to the Magistrates’ Court was not appropriate.

The judge ordered Hanif to pay costs in the High Court in the sum of £15,000 and ordered costs of the Magistrates' proceedings in the sum of £4,000.

East Lindsey’s Portfolio Holder for Licensing, Cllr Nick Guyatt, said: “The employment of illegal workers is a social evil, which this council will play its part in combatting, since it leads to exploitation of workers, fraud on the Revenue, unfair competitive advantage to the employer and an association with illegal trafficking.

“The council’s decision to revoke this licence has been vindicated and upheld, which the council hopes will send a clear message to any licensees who break the law by employing workers illegally.”

Philip Kolvin QC and David Dadds appeared for East Lindsey District Council, instructed by Dadds LLP.

For Philip Kolvin's report on the case, Licensing and illegal workers, click here.