The Ealing Council Licensing Sub-Committee virtually met to discuss a review application for Khushi Nepalese Restaurant and to consider procedure guidance for the panel. The meeting was scheduled to consider an application to review the premises licence of the Khushi Nepalese Restaurant, made by the Home Office Immigration Enforcement Compliance Team (IELCT).

Here's what the report pack indicates was on the agenda:

Khushi Nepalese Restaurant Licence Review

The central item for consideration was the review of the premises licence for Khushi Nepalese Restaurant, located at 23 Boston Parade, Boston Road, Hanwell, W7 2DG. The application for review was submitted by the Home Office Immigration Enforcement Compliance Team (IELCT). The report pack included the application from the Home Office, supporting evidence, and representations for and against the review.

Grounds for Review

The Home Office Immigration Enforcement Licensing Compliance Team (IELCT) requested the review based on the licensing objective of the prevention of crime and disorder. The team stated that there were:

grounds to believe the license holder has failed to meet the licensing objectives of prevention of crime and disorder, as illegal working has been identified at this premises.

The Home Office stated that Section 36 and Schedule 4 of the Immigration Act 2016, amended the Licensing Act 2003 to prevent illegal working in licensed premises.

Details of the Case

According to the report pack, on 21 December 2024, the West London Immigration Enforcement Compliance (ICE) team visited Khushi Nepalese Restaurant and encountered four illegal workers. As a result, Nepal Restaurant Limited was issued a civil penalty of £80,000, which was later settled for £56,000 through an early payment scheme.

The report pack stated that the premises licence, reference 16LIC13521PREM, was issued on 4 January 2017, and Ojesh Lal Singh is the licence holder and designated premises supervisor (DPS).

The report pack included summaries of interviews conducted with the workers, including details of their immigration status, how long they had been working at the restaurant, their roles, and their pay.

Licensing Policy Considerations

The report pack outlined several licensing policy considerations, including:

• The four licensing objectives: prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm.
• Policies that apply to different types of licensed premises, including restaurants and cafes licensed to sell alcohol.
• The imposition of licensing conditions, stating that conditions must be appropriate to promote one or more of the licensing objectives and should be derived from relevant representations.
• Core hours for licensable activities, as defined in the council's licensing policy.

Representations

The report pack included representations both supporting and opposing the review application.

Supporting the Restaurant

Several representations were made in support of Khushi Nepalese Restaurant, including those from:

• Dave Phaure, who stated that he had never witnessed any behaviour that could be considered criminal or disorderly at the restaurant.
• Katharina Gray, who described the restaurant as a very friendly place in a part of Ealing that is known for being peaceful and safe.
• Jean-Marc Callant, who stated that the restaurant is a fantastic place to visit and that he hopes to be able to continue enjoying a night out there for many more years.
• Ojesh Singh, who stated that he has lived in the UK for 26 years, is a law-abiding citizen, and is raising two young children.
• Jignesh Patel, who stated that he has always found Khushi Nepalese Restaurant to be a well-run, responsible and neighbour.
• Christopher Clark, who stated that the restaurant contributes to the local economy, brings in visitors, and promotes a sense of community in the area.
• David Hourihane, who stated that the premises is well run, and that he has never witnessed any disturbance or incident.
• George Boyaoji, who stated that the restaurant is an asset to the area, providing a welcoming environment and contributing positively to the local economy and community spirit.

Requesting Licence Revocation

The Home Office Immigration Enforcement requested that the premises licence be revoked, arguing that:

Merely remedying the existing situation (for instance by the imposition of additional conditions or a suspension) is insufficient to act as a deterrent to the licence holder and other premises' licence holders from employing illegal workers and facilitating disqualified immigrants to work illegally.

Options for the Sub-Committee

The report pack stated that the sub-committee could consider the application and representations, and then choose to:

• Modify the conditions of the licence.
• Exclude a licensable activity from the licence.
• Suspend the licence for a period not exceeding three months.
• Revoke the licence.
• Leave the licence as it is.

Panel Procedure Guidance Note

The Licensing Sub Committee was scheduled to be guided by a note summarising the procedure to be followed at the hearing. This included the order in which parties would be invited to speak, and the fact that the sub-committee would retire to make their decision accompanied by a Legal Advisor and Committee Clerk.