Hampshire restaurant loses alcohol licence after illegal workers found

In an ‘unusual’ licensing meeting, restaurant owner Gentian Nela – who took over Cucina Dei Sapori restaurant in November 2022 – had the licence revoked after two visits uncovered some staff did not have the right to work in the UK.

The restaurant has been operating with an alcohol licence since June 11, 2010, and was open Monday to Saturday from 10am until 11pm and Sunday from midday to 10.30pm.

East Hampshire District Council’s (EHDC) solicitor was present at the meeting via remote link and said the licence should be revoked on the basis that the crime and disorder objective had been undermined. They explained that was because employees were employed at the premises who did not have the legal status to work in the United Kingdom.

Right To Left, Cllr D Ashcroft, Cllr G Hill, Cllr P Shaw Right To Left Along Left Side, Seven Logan, Fire Service, Hayley Hadaway,Licensing Officer, Timothy Kemp, Immigration Officer (Image: Noni Needs)

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During the meeting, licensing sub-committee chair, Cllr Graham Hill said to immigration officer Timothy Kemp that it was very ‘unusual’ to bring an immigration issue before a licensing panel who agreed and explained how the prevention of crime and disorder, had been broken by employing an illegal worker at its premises.

The Italian restaurant on Alton’s High Street was visited on two occasions, January 2023 and February 2024 by Mr Kemp and his team of immigration enforcement officers who believed there were illegal workers.

After the first visit by Mr Kemp, a civil penalty of £30,000 was issued and advice given to Mr Nela as four illegal workers were found to be present, according to meeting documents.

Mr Kemp said after the second visit when three illegal workers were found without the correct paperwork, the case had to be escalated which brought it before the licensing committee as employing illegal workers undercuts resident workers.

In the meeting, the number of illegal workers was decided as definitely one with the status of two still pending further investigation.

Right To Left, Robert Edge And Gentian Nela (Image: LDR)

Mr Nela said he had only just taken over after the first visit in January 2023. He was a young businessman in a new job and assured the committee it was not negligence, just a steep and rapid learning curve. He was now fully aware of how not keeping accurate records would affect his business and livelihood.

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Robert Edge, speaking on behalf of Mr Nela, said he was fully aware of the seriousness of the breaches and had a solid determination to put things right moving forward.

Mr Nela said he found it difficult to keep track of the changing employment status of employees, some had permission to work for six months or a couple of years. He said he has now employed an assistant who will look after and update all employee records and copies of documents.

As part of the meeting other issues for consideration included fire regulations that had not been fully complied with and were due by May 1. Steven Logan, from the fire service, said the premises may pose a risk of fire to staff and customers. A planning application is also in the process of being decided for a gazebo and a closing off an internal area.

Mr Nela has the right to appeal the revoking of the alcohol licence and the restaurant can still operate.