Police block attempt to transfer licence of Peterborough kebab house up for review after immigration raid

Cambridgeshire Police have lodged an objection to an application to transfer the licence of Ali’s Kebab House between owners as an investigation into two people found to be working at the takeaway illegally.

On May 18, immigration officers raided Ali’s Kebab House and found two individuals working at the premises illegally. The investigation into the matter is still ongoing.

At the time, a man identified himself as the owner and manager of the takeaway, however, the premises licence holder is currently registered as a different person, from whom the is takeaway leased from.

Following the raid, police ordered the licence to the takeaway be reviewed and have recommended that due to the seriousness of the criminal activity that the licence be revoked altogether.

The force has also requested that the Late Night Refreshment licence for the premises, that is still allowing the takeaway to operate without any control by the licence holder, also be revoked. The power to do this has been given to police when “exceptional circumstances of the case are such that granting the application would undermine the crime prevention objective.”

The force has argued that, under guidance from section 182 of the Licensing Act 2003, the council has the ability to act, even without a final decision from the courts.

In their case the cite that: “Licensing authorities do not have the power to judge the criminality or otherwise of any issue. This is a matter for the courts. The licensing authority’s role when determining such a review is not therefore to establish the guilt or innocence of any individual but to ensure the promotion of the crime prevention objective.

"It is envisaged that licensing authorities, the police, the Home Office (Immigration Enforcement) and other law enforcement agencies, which are responsible authorities, will use the review procedures effectively to deter such activities and crime.

"Where reviews arise and the licensing authority determines that the crime prevention objective is being undermined through the premises being used to further crimes, it is expected that revocation of the licence – even in the first instance – should be seriously considered.”

The premises licence is currently under review and representations must be received before August 16 online at www.peterborough.gov.uk.