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An “unscrupulous” Indian restaurant has been stripped of its licence after using illegal workers like “terrified slaves” and ignoring £120,000 of fines.
Bosses at Badsha Indian Cuisine, in West Cross, Tenterden, had previously told KentOnline that the Home Office was in the wrong.
But this week they had their licence to sell alcohol and stay open after 11pm revoked.
It comes after the Home Office’s Immigration Enforcement team submitted evidence to Ashford Borough Council (ABC) of a string of immigration offences.
Its officers first found five illegal workers at the premises in 2015 and issued a fine of £30,000.
After more enforcement visits in 2019, 2023 and in January this year, the Home Office says evidence was found of a “disregard for immigration law”, each time finding illegal workers, all from Bangladesh.
The Home Office asked ABC to revoke Badsha’s licence - a request backed by Kent Police.
The restaurant has been issued with £120,000 of fines in total since 2015 - but has not paid a penny.
Some of the workers had been found multiple times, some admitted they were paid infrequently or only in accommodation and food, others admitted that they were hired despite bosses knowing they could not legally work.
At the most recent visit in January, immigration officials believe one of the staff members even fled through a window with a ladder next to it.
ABC’s licensing sub-committee met on Tuesday to make the final call on the restaurant, which, in 2021, was crowned Kent's best at the Euro Asia Curry Awards.
A licensing officer explained that the day before the hearing, a letter was received from Lawmatic Solicitors, claiming to represent a new firm which runs the business, and to have changed the Designated Premises Supervisor (DPS) who holds the licence.
But the officer said: “I can confirm that ABC licensing has not received any application to change the DPS.”
The letter in question claims a new company called Ekushey 21 Ltd with entirely separate owners now runs the business.
An immigration officer told the hearing: “The ability to work illegally is a key driver of illegal migration.
“It encourages people to break immigration laws and provides the practical means for migrants to remain unlawfully in the United Kingdom.
“Illegal working in businesses that are not playing by the rules undercuts the legitimate businesses that are.
“It also negatively impacts on the wages of lawful workers and can be linked to other labour market abuse such as tax evasion, breaches of the National Minimum Wage and exploitative working conditions.”
Neither the firm’s owner Abdul Suton nor the licence holder Abul Suhan, his brother, turned up at the hearing, and they did not send a representative.
Cllr Kate Walder (Green), chairwoman of the committee, said: “There are lots of features of his case which are shocking.
“I was staggered that the fines were just ignored – I get a parking fine and can’t sleep for a week.”
She continued: “From my point of view, this is their business model.
“We have a group of terrified slaves – those are very strong terms but that’s what it looks like – and that’s been their business model for the past 10 years.”
Two of the workers found on the various immigration visits admitted they were not paid for their work. Another said he was paid with accommodation and food, and only given cash when he specifically asked for it.
Since the 2015 visit and the issuing of the first fine, the companies running Badsha have technically been dissolved and new ones taken over, but always with Mr Suhan as the DPS.
The immigration official at the hearing said: “I think that shows the type of business we’re dealing with and their unscrupulous nature.”
ABC’s licensing sub-committee decided to revoke the premises’ licence entirely. This means the business can still operate but can no longer sell alcohol or serve any hot food or drink after 11pm.
Mr Suhan and Mr Suton both declined to respond to the decision and to the comments of the authorities when approached by KentOnline.
Mr Suhan previously made unsubstantiated allegations that immigration officers were “very rude to our people” and “scared them”.
“They pressurised them and interviewed them and said ‘If you don’t tell the truth, we’ll send you back,’” he said.