Usha: Council revokes award-winning Burnley restaurant's premises license over illegal workers

While an appeal is underway, Usha Indian Restaurant in Rossendale Road, Burnley, may continue serving alcohol despite the license revocation.

The Home Office requested the move in August, claiming that the venue had also exploited illegal workers by paying them low wages. One received approximately £3.33 an hour.

Immigration enforcement officers raided the restaurant in December, discovering two males working illegally in the kitchen. Usha has yet to pay a £40,000 fine, which was due in March, resulting in debt collectors being called in.

Burnley Borough Council made the decision on Wednesday.

A spokesperson for Usha said the venue is “extremely sorry” and admitted making “mistakes”, but says it has since made robust decisions and changed its staff hiring formats.

It called the move “harsh” and said it is appealing the license revocation as it believes “the authorities have got the decision wrong.”

“There is always two sides of a story, and ours hasn’t been told,” they added.

“At the moment, we are concentrating on serving high-quality Indian food with your favourite beverage.

“We have been serving the people of Burnley and the surrounding area for over 25 years, and we intend to do so for a long time coming.”

They added: “Over the years, we at Usha have always been grateful to the community and people of Burnley, so we tried to give a little back. We have done various [charity fundraisers] to support the community, like with Burnley hospice. In COVID time, we served hundreds of vulnerable people with hot meals, which the newspapers have gladly covered.

“We only managed all this because of our customers’ support. Please don’t let this mishap stop all the good things happening.

“We always in our posts address ourselves as your Usha, as we think our customers are one big family, and that’s what makes Usha successful. We as a family will overcome this.”

If the restaurant loses its appeal at the Magistrates' Court, what will it be banned from doing?

• Supplying alcohol for consumption on and off the premises;
• Playing recorded music indoors;
• Staging live music, a dance performance, or entertainment of a similar description indoors;
• Supplying food indoors between 11pm and 1-30am.

The Home Office claims that Usha did not make right-to-work checks before the two illegal workers started employment. They had been compensated for their work with food, money, and accommodation.

Concerns were also raised about their level of pay, with one illegal worker earning approximately £3.33 an hour and the second receiving £7.50 per hour.

In its review application, the Home Office said: “Actions such as this exploit workers as well as providing an unfair competitive advantage over businesses that adhere to wage regulations.”

The council determined in its review that Usha had failed to implement effective measures or processes to prevent or regulate illegal working. It also concluded that Usha breached their duties, as no right-to-work checks were conducted, and no employment records were kept.