Restaurant keeps licence despite illegal worker breach, as council accepts mitigating circumstances

A Sheppey restaurant has retained its alcohol licence despite the Home Office discovering illegal workers on site, after councillors accepted that the licence holder was not directly responsible for the breach.

Mem’s Mezze, located in Halfway Road, was the subject of a Home Office raid in January, during which three individuals were found working illegally and being compensated with food and accommodation rather than wages. The Home Office subsequently sought to revoke the restaurant’s premises licence, citing serious breaches of immigration and employment law.

However, Swale Borough Council’s licensing sub-committee ruled on 24 June that revocation would be disproportionate, instead imposing new conditions to strengthen compliance and oversight.

Elvin Akis, the licence holder and designated premises supervisor (DPS), argued through legal representation that she had not been involved in the restaurant’s daily operations at the time of the breach. She had leased the business to Erhan Deliklitas and his company, EDT Meze Ltd, in 2022, following legal advice that erroneously advised her to retain the DPS role.

Ms Akis, a licensee of over 20 years with no prior enforcement history, said she had trusted Mr Deliklitas to run the business responsibly. Upon learning the full extent of the Home Office’s findings in March, she terminated the lease and resumed control of the premises in April—prior to the licence review application being submitted.

Chief Immigration Officer Harry Taylor, representing the Home Office, maintained that Ms Akis should have known her responsibilities as DPS and licence holder, and that her failure to monitor the business warranted revocation.

“As somebody with 20 years’ experience as a licensee, she should have known better,” he told the committee.

The committee accepted that Ms Akis had acted swiftly once informed of the breach and had no financial incentive to permit illegal working. Her barrister, Gary Grant, proposed a series of conditions to ensure future compliance, including:

– A formal prohibition on Mr Deliklitas having any involvement with the business.
– A requirement for the licence holder to personally conduct all employment checks.
– Independent compliance audits every three months for 18 months, with reports shared with police and licensing officers.

The panel endorsed these measures, adding only that audit reports must also be submitted to the council’s licensing team.

Ms Akis acknowledged the reputational damage caused by the incident and expressed regret over her reliance on flawed legal advice. She received character references from legal and financial professionals, as well as two serving police officers, attesting to her integrity and prior compliance.

“This has been deeply upsetting,” she said. “But I’ve taken responsibility and I’m committed to putting things right.”

The decision allows Mem’s Mezze to continue trading with a full licence, avoiding the risk of closure or restricted hours.