Lancaster takeaway has its premises licence revoked

A Lancaster city centre takeaway has had its premises licence revoked after repeatedly employing illegal workers.

Home Office Immigration Enforcement had applied for a review of the licence at Flames Takeaway on Rosemary Lane, backed by the police.

Following a hearing on Tuesday, Lancaster City Council licensing sub-committee published its decision today (September 12).

They said the premises licence holder and owner, Rudolf Collaku, had demonstrated a "persistent failure" to comply with immigration law.

At Tuesday's hearing, a solicitor representing Mr Collaku said that revoking the licence "will almost certainly close him down".

The premises licence allows Flames to serve hot food and other refreshments between 11pm and 5am Monday to Sunday.

Immigration officers visited the Rosemary Lane fast food outlet on five occasions between October 2022 and May 2024, and found six people working illegally there.

The takeaway was served a closure notice and has been fined £110,000 for employing illegal workers.

The full decision statement says:

"The sub-committee has carefully considered all the written information before it, and all the representations and views expressed at the hearing.

"The sub-committee has noted that the application relates to a review of the premises licence for Flames, 1-3 Rosemary Lane, Lancaster LA1 1NR.

"The sub-committee has noted the concerns of the Home Officer Immigration Enforcement Officers, and the police relate to the persistent failure of the premises licence holder to comply with immigration laws.

"The premises had been visited on five occasions between October 2022 and May 2024 by Home Office Immigration Enforcement Officers where illegal working has been a constant issue, with six illegal workers have been encountered.

"Enforcement Officers have served a closure notice and civil penalties totalling £110,000 have been issued to the business.

"The sub-committee also took note of the representations made by (police licensing officer) PC Taylor who provided supporting evidence of illegal workers at the premises and breaches of the conditions within their premises licence.

"He also outlined complaints and concerns relating to modern slavery and issues concerning lack of door staff and nuisance parking outside the premises.

"The sub-committee has taken note of the witness statement of the premises licence holder Rudolf Collaku and the representations made on his behalf during the hearing.

"The committee has noted that all current employees at the premises have the right to work in at the premises, that he has started making payments to the civil penalty order in the sum of £2000 per month, with the first payment being made at the beginning of September 2024.

"Furthermore, the sub committee noted that the most recent visit by the Home Office Immigration Enforcement officers was on the 24th July 2024 when all workers present at the premises had the right to work at the premises; however not all the required paperwork was present on site as required but has since been obtained and was included with a statement by the licence holder and provided to the sub-committee.

"The sub-committee considered the council's own Statement of Licensing Policy, the Home Office s.182 guidance and its guidance on preventing illegal working in licenced premises and the Home Office role as a responsible authority in England and Wales. They also considered the guidance identified by counsel for the licence holder on illegal working in licenced premises

"The sub-committee is very concerned that the premises licence holder has repeatedly breached Immigration law by employing illegal workers. This has not been a one-off incident, with successive visits showing similar breaches, which indicated a complete disregard to immigration law at that time. As a result of these repeated failings the premises licence holder has been issued with three separate civil penalty orders. The premises licence holder has only recently started making repayments on one of the penalties that had been referred to a third party debt collecting agency following several reminders from Immigration Services and no response received.

"The sub-committee is also concerned that the premises has shown a history of breaching its licence conditions in relation to the provision of SIA registered door-staff, and management of CCTV. Furthermore, the premises has demonstrated its inability to effectively manage parking outside its premises by delivery drivers, which could cause a nuisance or result in a danger to the public.

"The sub-committee are of the view that the premises licence holder appears to have little regard to the licensing objectives and in particular that of the prevention of crime and disorder.

"It is the sub-committee's decision that it is both appropriate and proportionate in all the circumstances for the promotion of the licensing objectives to revoke the premises licence.

"In accordance with Section 181 and Schedule 5 of the Licensing Act 2003, the parties have a right of appeal against this decision within 21 days from receiving this written decision. The revocation will not therefore take effect until the day following the time for appeal, or if the decision is appealed against, the revocation takes effect on the day after the appeal is disposed of if the appeal is unsuccessful."

Ben Williams, from Harrison Drury solicitors, said at Tuesday's hearing that Mr Collaku "accepts most of the findings of the Home Office Immigration Enforcement" and "realises he had made errors" but was compliant now and wanted "one last chance".

He also said he didn't accept the allegations of modern slavery, saying "complaints had been made through an interpreter and things could be lost".

Mr Williams also said accusations had come about from "complaints and nothing more" saying "there are no convictions, not even any charges".

The sub-committee members were councillors Sally Maddocks, Martin Bottoms and Margaret Pattison.

For more on the background to this story and the licensing sub-committee meeting, held at Morecambe Town Hall on Tuesday, see the link below.

Read more: Lancaster city centre takeaway boss asks for 'one last chance' as licence decision due - Beyond Radio