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A Turkish restaurant could be stripped of its licence after an immigration probe found two people were being given food and accommodation rather than wages.
The Sheppey business has been accused of “exploiting workers”, knowingly hiring people who did not have permission to work in the UK, and has been slapped with a £120,000 fine.
But the owner of Mems Mezze insists it was “nothing to do” with her as she leased the business out.
Home Office Immigration Enforcement has applied to Swale council for a review of the restaurant and takeaway, and is calling for it to be stripped of its licence.
A public notice reads: “This review follows the result of an immigration enforcement visit where persons were found to be working in breach of immigration rules.
“Three illegal workers were encountered at the premises during the enforcement visit [January 16].
“Two of the workers had outstanding claims for protection, and one was an overstayer.
“A simple check of their Application Registration Cards (ARC) would have shown that they did not hold the right to work in the UK.”
The Home Office say the workers admitted to showing their ARC cards to their employers, so they “knowingly employed an illegal worker.”
They also cite a “lack of wages paid to the workers.”
It continues: “During the interviews, two of the workers confirmed that they only received food and accommodation in return for their work.
“Actions such as this exploits workers as well as providing an unfair competitive advantage over businesses that adhere to wage regulations.”
They stress it is a “simple process” to check someone’s right to work, and the business has committed an offence by hiring the three workers.
A Home Office spokesperson said a £120,000 civil penalty has already been issued to the business as a result of their findings.
They said: “This government is cracking down on that criminal industry at every level, including stepping up our visits to businesses, including restaurants, where illegal working is taking place and increasing our enforcement action both against illegal workers and the people who employ them.”
The former Halfway House pub was taken over by Mehmet and Elvin Suzgun in 2017, who now run the Turkish eatery.
When asked about the situation, Mrs Suzgun said: “There is a huge confusion – this is nothing to do with myself.
“I am the holder of the premises licence personally but I wasn’t in charge of running the business,” she said, saying that at the time she leased the premises out to a manager.
“I wasn’t responsible at that time, the Home Office clearly knows this, the council knows.”
She also claimed that it was legally fine for two of the workers to be unpaid, as they were being sponsored to be in the UK by other employees who gave them room and board.
Insisting the Home Office has it wrong, she admitted she still employs one of the workers, and says she will argue against the licence review when it goes before the council.
She said: “I’m not accepting that because it's nothing to do with me.
“All the papers and all the relevant information has been passed to the Home Office.
“Ever since I was running the business, we have never had a single problem – crime, arguments, nothing - and it's coming to eight years.”
The premises currently has a licence for selling alcohol, playing live and recorded music and serving food and drink past 11pm, as well as ‘indoor sporting events’.
The business could have its hours for licensable activities cut, face new restrictions and conditions on its activities, or even have its permission for any of the licensed activities revoked.
Even if the licence was revoked, they could still trade as a restaurant, but would have to close at 11pm.
Home Office guidance from February says that hiring illegal workers is of such seriousness that “revocation of the licence – even in the first instance – should be seriously considered” as a possible sanction for businesses who do so.
Mems Mezze’s website boasts of its “dedicated team of chefs who have a combined cooking experience of over 15 years.”
Despite being hit with the fine and facing a licence review, the owners are still doing business - announcing in April their takeover and reopening of the Aviator pub in Queenborough Road.
It is not yet known when Swale council’s licensing sub-committee will meet to decide what happens to the business, but the public can submit their views to the panel until May 28.