The Wandsworth Council Licensing Sub-Committee met to consider an application from the Home Office Immigration Enforcement to review the premises licence of Londis, 1-4 Aubyn Square, London, SW15 5NT, following the discovery of an illegal worker at the premises. After hearing from all parties, the sub-committee decided to suspend the licence for one month and add new conditions to the licence. These conditions include maintaining a comprehensive staff register, ensuring staff complete right-to-work compliance training, and regular reviews of compliance files by the designated premises supervisor (DPS).

Londis, 1-4 Aubyn Square - Licence Review

The sub-committee reviewed the premises licence for Londis, 1-4 Aubyn Square, following an application from the Home Office Immigration Enforcement. The Home Office sought a review of the licence, claiming that Jasbir Singh Kapoor, the premises licence holder, had failed to uphold the licensing objective of preventing crime and disorder, as illegal working had been identified at the premises. Immigration Enforcement requested that the premises licence be revoked.

According to the report prepared by the Director of Environment and Community Services, the premises has been licensed as a grocers/general stores/newsagents under the Licensing Act 2003 since 2005.

Background

On 30 October 2024, the South London Immigration Compliance and Enforcement (ICE) team visited the Londis store and encountered three employees, one of whom was identified as an immigration offender. According to the redacted bundle provided to the sub-committee, the employee, Rana, admitted to working at the premises for around four months, averaging 40 hours per week, and stated that he had been paid £400 in cash.

Home Office records indicated that Rana entered the UK on a student visa valid from October 2022 to November 2026, with permission to work 20 hours per week during term time. However, his leave was curtailed in January 2024 because he failed to enrol at university, making him an overstayer with no right to work in the UK.

Jasbir Singh Kapoor, the licence holder, told officers that Rana was on a trial period of approximately one month, working 20 hours per week, and had not yet received any payment. Kapoor stated he had seen Rana's Biometric Residence Permit (BRP) as proof of his right to work prior to employment.

As a result of the findings, a referral was made to the Civil Penalty Compliance Team (CPCT), and a £40,000 civil penalty was issued to Jivi Kapoor Limited on 5 February 2025 for employing an individual with no right to work. The penalty remained unpaid and had been referred to a third-party debt collection agency.

Arguments

Immigration Officer Sharpe and Immigration Officer Cleopatra Cassius from the South London Immigration Enforcement Team, addressed the sub-committee, with Immigration Officer Cassius reading from a prepared statement.

Immigration Officer Cassius stated that employing illegal workers undermines the licensing objectives, specifically the prevention of crime and disorder. She added that Immigration Enforcement does not routinely seek licence reviews, but does so in cases where they have heightened concerns.

She told the sub-committee that Kapoor appeared visibly anxious when questioned by officers, and provided a statement that conflicted with the account given by Rana.

Immigration Officer Cassius stated that had Kapoor conducted the relevant right-to-work checks, he could have quickly established that Rana's leave was curtailed, and that he no longer had the right to work in the UK. She noted that the Home Office provides a free right-to-work checks system on the gov.uk website.

Councillor Mrs. Rosemary Birchall, Deputy Mayor of Wandsworth, asked if Immigration Enforcement had been back to the store to check that they are not employing anybody else. Immigration Officer Sharpe confirmed that a further visit had not been conducted.

Mr Panchal, representing Kapoor, told the sub-committee that Kapoor understood that he had created a problem and apologised for what had happened. He stated that Kapoor had been running the shop since 2021, and had fully cooperated during the inspection.

Mr Panchal stated that Kapoor had seen Rana's BRP card, which was valid, but did not notice that he had to check the share code. He added that Rana was working 20 hours a week, not 40 hours a week.

Mr Panchal presented a training manual that Kapoor had created, which included a right-to-work checklist supplied by the immigration department. He also presented evidence that £8,000 had been paid towards the £40,000 fine.

Kapoor told the sub-committee that he had received a letter that stated he was not guilty, and that his company was registered at his accountant's address, so he did not receive any letters about the fine.

Councillor Birchall challenged Kapoor's claim that he had been completely transparent, noting that there was a difference of accounts between Kapoor and Rana regarding payment, start date and hours.

Decision

The sub-committee decided to suspend the licence for one month and add new conditions to the licence. These conditions include maintaining a comprehensive staff register, ensuring staff complete right-to-work compliance training, and regular reviews of compliance files by the DPS.