‘Illegal working’ probe hits Devon takeaway

Home Office investigate

An Indian takeaway in Devon has been accused of employing illegal workers by the Home Office and could face its licence being revoked.

Mumbai Kitchen, in Tiverton’s Bampton Street, has been visited by immigration officials twice in two years, with at least one individual found on both occasions who did not have the correct permissions to work.

The Home Office has called for a review of the premises licence, and a hearing later this month (Wednesday 19 November) will be held in Mid Devon to discuss the restaurant’s future.

“We have grounds to believe the licence holder has failed to meet the licensing objectives of prevention of crime and disorder, as illegal working has been identified at this premises,” the application states.

Mumbai Kitchen did not respond to a request for comment.

A 33-page, partially-redacted, document attached to the request for the licence review provides details of the Home Office’s two visits, and outlines the circumstances of those it found that it claims should not have been working.

It also says a £10,000 civil penalty was issued to an individual “in respect of one individual with no right to work” in November 2022 and remains unpaid. It has been referred to a third-party debt collection agency.

And a £60,000 penalty was issued in February this year to someone who appears to have written to the Home Office about the fine, but the penalty “remains unpaid” and has also been referred to a debt collection firm.

“There were three illegal workers encountered at the premises across two enforcement visits,” the document states.

“In all cases, no correct right to work checks were conducted, and individuals were allowed to work or assist at the premises without verification of their immigration status.

“The employer admitted to calling individuals to help when needed and paying them informally, further confirming the lack of compliance with employment and immigration regulations.”

As such, immigration enforcement “asks that the premises licence is revoked”.

“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,” the documentation states.

There are some details of the workers’ circumstances that the Home Office officials found on their visits.

In September 2022, immigration officers found a man packing food in takeaway boxes and dressed in branded uniform.

The documents state he claimed he had worked at the premises for five months, performing tasks such as cooking and washing up, and had found the job through a social media advert.

Home Office checks confirmed the man had entered on a spouse visa from May 2011 to August 2013 and had submitted multiple applications for leave since, which had been rejected or refused.

He had also submitted a claim for protection alongside further submissions, and an appeal that was ongoing at the time of the visit was subsequently refused in December 2022.

The Home Office states that while the individual had permission to work, his bail conditions restricted him to roles on the Shortage Occupation List, which does not include kitchen assistant in a takeaway, meaning the person was “in breach of his bail conditions”. 

Then in November 2024, two men were in breach of working rules, with one allowed only to work in roles on the Shortage Occupation List, and the other an “overstayer” whose visit visa was valid until October 2007 and who “never held the right to work in the UK”.

Furthermore, immigration officers raised concerns about a 15-year-old boy working in the kitchen. While children from 14 may work part-time, there are restrictions in terms of the hours of the day they can work, and the length of time in one session.

“There were also concerns regarding the employment of a minor past 7pm,” the document states.

Mid Devon District Council’s Licensing Sub Committee will determine the premises licence review at its meeting on Wednesday 19 November.