A Chinese restaurant in Solihull is facing an anxious wait to discover whether it will lose its operating licence following allegations that it employed illegal workers. The Jade Wok had its licence reviewed at a special meeting of Solihull Council’s licensing act panel, with a decision expected within five days.
Police Allegations and Immigration Enforcement
PC Luke Prescott of West Midlands Police applied for the review last month on the grounds of preventing crime and disorder. This followed a visit by immigration enforcement officers in November, acting on intelligence, which resulted in the arrest of two individuals found at the premises. The authorities stated these men should not have been in the country and had no legal right to work.
Both males were arrested and released with bail conditions, with immigration proceedings still ongoing. PC Prescott told the committee, “The employment of two illegal workers couldn’t possibly be a mistake, it has to be done on purpose. There can be no excuses.” He added that during interviews, one man claimed to have worked as a chef six days a week, and both provided an address that is under investigation by the Home Office.
Restaurant Manager’s Defence
Jia Tian, the designated premises supervisor, offered a contrasting account. She asserted that the two men were not employees but were merely staying in a flat above the business. “I gave them money, not paid them money. I was helping them,” she explained. “They were not working in the kitchen, sir. They were only making dinner for themselves.” Mrs. Tian noted there was no kitchen in the flat, so they used the restaurant’s facilities to cook.
When questioned by the chairman about her awareness of regulations, Mrs. Tian acknowledged she knew the rules, having run the business for 23 years. She suggested the men lied to immigration out of malice, stating, “They hate me because I didn’t give them a job.”
Legal Arguments and Potential Outcomes
The meeting saw heated exchanges, with the restaurant’s solicitor, Emma Rutherford, arguing it was a first offence and that the business already faces a potential Home Office fine exceeding £40,000. She contended, “They should not be punished twice.”
The licensing panel has several options to consider:
- Do nothing
- Add new or amend existing conditions on the licence
- Restrict or amend licensable activities or their timings
- Remove the Designated Premises Supervisor
- Suspend the licence for up to three months
- Revoke the licence entirely
Chairman Peter Hogarth expressed concern over the late arrival of Mrs. Tian and her supporters, stating, “I’m not very happy we are already running late, you should have been here in good time.” PC Prescott emphasised the seriousness of the allegations, noting, “It’s not fair on surrounding businesses.”
The panel’s decision, which will be published imminently, could have significant implications for the long-standing Solihull eatery, highlighting ongoing issues around immigration compliance in the hospitality sector.
