A popular Indian restaurant at risk of losing its premises licence after employing illegal workers has been allowed to continue trading as normal.

Desh in High Street, West Malling, formerly known as the Gandhi Tandoori, was visited by immigration officers acting on a tip-off on May 24.

They initially found three men on the site whom they suspected of working illegally. One was a student and officers eventually decided there was not enough evidence to prove he had breached his student visa. Two other men, however, were arrested.

Licence-holder Sheikh Alam, who is a director of the company Sofia May Ltd which owns the restaurant, was interviewed on the day and denied he knew the men were working illegally, saying he had not hired them himself. He admitted he did not know whether any immigration status checks had been done.

The Home Office subsequently asked Tonbridge and Malling council to review the business’s premises licence on the basis there was a need to prevent further crime and disorder.

Notices were posted at the restaurant giving interested parties 28 days to provide evidence to a council licensing review panel.

No further evidence was received except from the business and from the council’s own environment health department, which said it could not comment on the employment status, but confirmed that the restaurant had enjoyed a clean environmental health record for 10 years.

In a surprise move, when the council’s licensing panel met on Wednesday to consider revoking the restaurant’s licence, the Home Office asked to withdraw its request for a review.

A Home Office chief immigration officer, Wesley Halls, said: “Having read the further evidence now produced by the premises and heard the steps that have been put in place to eradicate any problem in the future, and also having regard to the good record of the premises licence-holder and comments from the responsible authority who speak in favor of the licence-holder, the Home Office is satisfied that no action needs be taken and asks to withdraw the review.

“We are satisfied that the business will meet its licensing objectives in the future.”

The panel chairman, Cllr Mike Taylor, ended the meeting after just two minutes and 22 seconds.

Mr Alam has separately been served a Notice of Penalty Liability for an Illegal Working Civil Penalty in respect of the two illegal workers encountered.

The degree of penalty has yet to be determined. Employment of a worker who is disqualified from employment by his immigration status is a criminal offence and is punishable by a sentence of up to five years’ imprisonment and/or an unlimited fine.

The restaurant had twice previously been visited by immigration officers.

On June 14, 2010, two illegal workers were arrested and on December 1, 2012, a further two illegal workers were detained. On both occasions a civil penalty was served on the business.

Mr Alam has only been the licence-holder since 2018, so was not responsible at the time of the previous incidents.