Right to Work Checks in Licensed Premises: Could Your Premises Licence Be at Risk?
- Simon Francis
- Jun 26
- 6 min read
Right to Work Checks in Licensed Premises: Could Your Premises Licence Be at Risk?
If you operate a pub, bar, restaurant, takeaway, nightclub, hotel or any other licensed premises, right to work checks should be treated as a core part of your compliance system.
Many operators think right to work checks are simply an HR or employment issue. In licensed premises, they are much more than that.
If illegal working is identified at your premises, it can lead to Home Office enforcement, civil penalties, reputational damage and, in serious cases, a review of your premises licence.
For licence holders, designated premises supervisors and hospitality managers, the message is simple:
Right to work compliance is licensing compliance.
Watch the Video: Right to Work Checks in Licensed Premises
In this video, Licensing Professionals explains why right to work checks matter, who needs to be checked, what common mistakes are made by licensed premises, and how poor compliance can put a premises licence at risk.
Why Right to Work Checks Matter in Licensed Premises
Licensed premises are expected to operate responsibly and promote the licensing objectives under the Licensing Act 2003.
One of those objectives is the prevention of crime and disorder.
Illegal working can be treated as a crime and disorder concern. This means that if Immigration Enforcement finds illegal workers at a licensed premises, the issue may not stop with a civil penalty. It may also become a licensing matter.
That can place the premises licence holder, the DPS and the management of the business under close scrutiny.
A licensing authority may want to know:
who was working at the premises;
whether right to work checks were completed;
whether records were available;
who was responsible for compliance;
whether managers were trained;
whether the issue was isolated or repeated;
what action has been taken since.
The key question is often whether the premises can be trusted to operate responsibly going forward.
What Are Right to Work Checks?
Right to work checks are checks carried out by an employer to confirm that a person is legally allowed to work in the UK.
These checks should be completed before the person starts work.
It is not enough to simply ask someone if they are allowed to work. Employers need to follow the correct process, check the evidence properly, confirm the person’s identity and keep a clear record.
Depending on the circumstances, this may involve:
an online right to work check using a share code;
a manual document check;
use of an Identity Service Provider where applicable;
an Employer Checking Service check in certain cases.
The correct method depends on the person’s immigration status and the evidence they can provide.
Who Needs to Be Checked?
Right to work checks should apply to anyone carrying out work at the premises.
This may include:
chefs;
bar staff;
waiting staff;
kitchen porters;
cleaners;
managers;
casual workers;
temporary staff;
trial shift workers;
family members helping in the business.
A common mistake is assuming that someone does not need a check because they are only helping for a short time.
That is risky.
If someone is working in the premises, the business should be able to show that appropriate right to work checks have been completed.
Common Right to Work Mistakes in Licensed Premises
Licensed premises often operate in fast-moving environments. Staff shortages, busy weekends, last-minute cover and casual work can all create compliance risks.
Common mistakes include:
allowing someone to start work before checks are complete;
relying on verbal assurances;
failing to check trial shift workers;
failing to check casual or temporary staff;
poor staff file management;
checks being completed but not recorded properly;
records being held by the owner, accountant or head office but not accessible to the manager;
no diary system for follow-up checks;
managers not knowing who is responsible for right to work compliance.
These mistakes can become serious if Immigration Enforcement attends the premises and records cannot be produced.
Trial Shifts and Casual Workers
Trial shifts and casual work are common in hospitality, but they need to be managed carefully.
A business may think someone is “just helping out” or “only doing a trial”. However, if the person is carrying out work, helping the business operate, serving customers, preparing food, cleaning, working in the kitchen or assisting the premises, the situation should be treated seriously.
The safest approach is to ensure checks are completed before any work is carried out.
This protects the business, the licence holder and the premises licence.
What Immigration Enforcement May Ask For
If Immigration Enforcement visits a licensed premises, officers may ask:
who is working today;
whether right to work checks have been completed;
where the staff records are kept;
who completed the checks;
when the checks were completed;
whether checks were completed before work started;
whether follow-up checks are diarised;
whether managers understand the system.
The issue is not simply whether a licence holder says checks were done.
The issue is whether the business can prove it.
How Right to Work Failures Can Lead to a Licence Review
If illegal working is discovered, the Home Office may take enforcement action. In a licensed premises, the issue may also be raised with the licensing authority.
A premises licence review can have serious consequences.
At a review hearing, the licensing sub-committee may consider whether the premises is promoting the licensing objectives. Where illegal working is involved, the focus is likely to be on the prevention of crime and disorder.
The committee may look at:
the seriousness of the incident;
the number of workers involved;
whether there is a history of concerns;
whether civil penalties have been issued;
whether the business cooperated;
whether proper systems were in place;
whether the management has taken corrective action;
whether the premises can be trusted in the future.
Possible Outcomes at a Licensing Review
If a premises licence is reviewed, the licensing authority may consider a range of outcomes.
These can include:
adding new licence conditions;
requiring improved staff records;
requiring right to work policies and checks;
requiring training for management;
suspending the licence;
removing the DPS;
reducing hours;
restricting licensable activities;
revoking the premises licence.
Revocation is the most serious outcome. For many licensed premises, losing the premises licence can put the entire business at risk.
What Good Right to Work Compliance Looks Like
A strong right to work compliance system should be simple, clear and properly managed.
Good practice includes:
a written Right to Work Policy;
a checklist for every worker;
checks completed before work starts;
clear records of the date checks were completed;
secure storage of right to work evidence;
digital access to records where appropriate;
named responsibility for checks;
manager training;
follow-up check diary for time-limited permissions;
regular staff file audits.
The system should not depend on one person keeping everything in their head.
If the owner is away, the duty manager should still understand the process and know where records are kept.
Practical Steps for Licence Holders
Licence holders and DPSs should take action before there is a problem.
Practical steps include:
Audit all current staff files.
Check that right to work evidence is complete.
Confirm checks were carried out before employment started.
Review casual staff and trial shift procedures.
Train managers on right to work responsibilities.
Keep records accessible.
Create a diary for follow-up checks.
Put a written Right to Work Policy in place.
Review the system regularly.
Fix any gaps immediately.
The worst time to think about right to work compliance is after Immigration Enforcement has visited.
The Key Question
Every licence holder should ask this:
If Immigration Enforcement walked into your premises today, could you prove that every person working there has the right to work?
Could your manager access the records?
Could you show when the checks were completed?
Could you show who carried them out?
Could you prove the checks happened before work started?
If the answer is no, your business may be exposed.
And if your business is exposed, your premises licence may also be exposed.
How Licensing Professionals Can Help
Licensing Professionals supports pubs, bars, restaurants, takeaways, hotels, nightclubs and other licensed premises with practical licensing compliance.
We can assist with:
right to work compliance policies;
staff training records;
premises licence compliance checks;
licence review preparation;
licensing hearing support;
DPS and premises licence advice;
operating schedule support;
licence applications and variations.
Right to work checks are not just paperwork. They are part of responsible licence management.
Protect your business.
Protect your premises licence.
Get your right to work checks right.
Contact Licensing Professionals
For help with right to work compliance, premises licence reviews, licensing hearings or general licensing support, contact Licensing Professionals.
Licensing Professionals — practical licensing support for licensed premises.
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