Immigration offences on a licensed premises in England can have serious legal and financial consequences for business owners, particularly in the hospitality industry, including bars, pubs, and restaurants. Licensing Professionals have detailed the key areas where immigration offences might occur, and the penalties associated with them:
1. Employment of Illegal Workers
Illegal Workers: It is an offence to employ individuals who do not have the right to work in the UK or who are working in breach of their visa conditions.
Employer Responsibilities: Employers must carry out thorough Right to Work checks on all employees before hiring them. This includes checking documents like a passport, biometric residence permit, or other Home Office-issued documents.
2. Right to Work Checks
Document Verification: Employers must verify documents proving that a person has the legal right to work in the UK. This may involve checking passports, immigration status documents, or conducting online checks through the Home Office’s system for EU citizens.
Record Keeping: Employers are required to keep copies of employees’ right-to-work documents for the duration of their employment, and for two years after employment ends. Failing to do so can lead to penalties.
3. Penalties for Employing Illegal Workers
Civil Penalties: Employers found to have employed illegal workers can face fines of up to £20,000 per illegal worker if they have not carried out the required checks.
Criminal Offence: Knowingly employing someone without the right to work in the UK is a criminal offence. Employers convicted of this can face unlimited fines and up to 5 years in prison.
Licence Revocation: Licensed premises that employ illegal workers can have their premises license reviewed, which can lead to conditions being imposed, suspension, or even revocation of the license by the local licensing authority.
4. Home Office Enforcement
Immigration Raids: The Home Office regularly conducts enforcement raids on businesses suspected of employing illegal workers. Licensed premises are common targets for these raids, particularly in sectors like hospitality and catering.
Immediate Closure: In serious cases, the Home Office can issue a compliance order which could lead to immediate closure of the business until the matter is resolved.
5. Impact on Licensing
Licensing Act 2003: Immigration offences can lead to a premises license being reviewed under the Licensing Act 2003, as the prevention of crime and disorder is a key licensing objective.
Licensing Reviews: If illegal workers are found on the premises, the local council or licensing authority may request a review of the venue's license. The review could result in restrictions being imposed, fines, or even the revocation of the premises license.
Personal License: If you hold a personal license (required to sell alcohol) and are convicted of employing illegal workers, you may lose your personal license, impacting your ability to manage or work in licensed premises in the future.
6. Hiring Temporary or Casual Workers
Temporary Staff Checks: Even if workers are hired on a casual, temporary, or part-time basis, you must still ensure they have the legal right to work in the UK. Seasonal workers, such as those employed for busy periods or special events, are also subject to right-to-work checks.
Agencies and Contractors: If you hire staff through an agency or contractor, you must ensure that the agency is performing proper right-to-work checks. If illegal workers are found, the business hiring them may still be liable.
7. Reporting Illegal Workers
Duty to Report: If you suspect that someone is working illegally at your premises, you should report this to the Home Office’s Immigration Enforcement. Failing to take action when knowingly employing illegal workers can lead to criminal liability.
8. Avoiding Offences
Regular Audits: Conduct regular internal audits of staff records to ensure compliance with right-to-work requirements.
Training for Managers: Ensure that all hiring managers and supervisors are trained in right-to-work checks and understand the importance of compliance.
Seek Legal Advice: If in doubt about the right-to-work status of an employee, seek legal advice or consult the Home Office for clarification.
9. Consequences of Non-Compliance
Business Reputation: A business found to be employing illegal workers risks damaging its reputation, which can affect customer trust and relationships with partners or suppliers.
Business Viability: Significant fines, closure orders, and the loss of a premises license can put the long-term viability of the business at risk, potentially leading to closure.
Additional Enforcement: The Home Office can also inspect tax records and other documentation, which could lead to further investigations into issues such as tax evasion or labour exploitation.
Immigration offences on a licensed premises-Summary of Key Points:
Employers must carry out Right to Work checks for all staff.
Fines of up to £20,000 per illegal worker can be issued for non-compliance.
Knowingly employing illegal workers can result in unlimited fines and up to 5 years in prison.
Licensed premises found guilty of immigration offences risk losing their premises license and facing business closure.
By maintaining rigorous employment practices and regularly reviewing staff records, licensed premises can avoid these serious legal and financial penalties.
Licensing Professionals provide expert advice and guidance on all areas of the Licensing Act 2003, contact us today for a FREE consultation.

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