The Royal Borough of Kensington and Chelsea (RBKC) Licensing Sub-Committee met to consider an application by the Home Office for a review of the premises licence for Diana Restaurant and Cafe, Basement and Ground Floor, 5-6 Wellington Terrace, Notting Hill Gate. The Home Office sought revocation of the licence, citing repeated incidents of illegal working and breaches of the Health Act 2006. The sub-committee heard evidence from the Home Office, the Metropolitan Police Service (MPS), and representatives of the premises licence holder, SSW6 Holding Limited. A decision was not announced at the meeting, but would be communicated to all parties within five working days.

Licence Review Application

The licensing officer outlined the case, explaining that the application for review was submitted by S. Prashar on behalf of the Home Office Immigration Enforcement Team, under Section 51 of the Licensing Act 2003. The review was prompted by concerns over the prevention of crime and disorder, stemming from repeated incidents of illegal working at the premises.

Across four separate enforcement visits between September 2019 and May 2025, seven illegal workers were identified, with one individual encountered twice. The Home Office argued that the licence holder failed to conduct mandatory right-to-work checks, as required by law.

During the most recent visit on 9 May 2025, officers from the Home Office, police, and Trading Standards found unlabeled and non-compliant shisha products, and customers were observed smoking shisha in the basement, in breach of the Health Act 2006. It was also alleged that labour exploitation may be taking place, with workers reportedly being paid in food instead of wages, and one worker claiming to have been employed for over two years without the right to work.

The Home Office referenced paragraphs 11.27 and 11.28 of the Section 182 Guidance¹, which state that employing a person disqualified from working in the UK is a serious matter, and revocation of the licence should be seriously considered, even at the first review. PC Ian Davis of the MPS supported the review, citing concerns over the prevention of crime and disorder. He attended the visit on 9 May 2025 and witnessed customers smoking shisha indoors, contrary to the legislation. He echoed the Home Office's recommendation that the premises licence should be revoked.

In response, the solicitor acting on behalf of the premises licence holder, SSW6 Holding Limited, submitted a written apology and outlined proposed conditions intended to remedy the issues raised. These included implementing SIA² supervision, compliance training, improved CCTV, a digital HR system, and a noise management plan. The licence holder also proposed a suspension to allow time for these measures to be put in place. The licensing officer confirmed that one additional document, referred to as the premises supporting statement, was circulated at the request of the premises.

Home Office Submission

Leonard Johnson, an immigration officer from the Home Office, presented the applicant's case. He stated that the ability to work illegally in the UK is a key driver of illegal migration, encouraging people to break immigration laws and take risks. He added that illegal working results in businesses undercutting legitimate businesses, negatively impacts the wages of lawful workers, and can be linked to other labour market abuses.

Johnson detailed the four illegal working visits to Cafe Diana between 2019 and 2025, each uncovering serious concerns relating to illegal working. He noted that a civil penalty of £10,500 issued after the February 2020 visit was later cancelled when the liable party, Nat and Cafe Restaurant Limited, went into liquidation. A further civil penalty of £135,000 was issued following the December 2024 visit.

Johnson argued that across all visits, there have been consistent failures to meet the licensing objectives. He said that the prevention of crime and disorder was undermined by repeated illegal employment, public safety was compromised by the presence of unvetted staff and non-functional CCTV, and the prevention of public nuisance was breached through illegal shisha use and poor tenant oversight.

He noted that the licence holder argued that historical penalties were issued against previous operating companies, not against SSW6 Holding Limited. However, Johnson stated that the premises, staff, and management practices have remained largely unchanged, and that the responsibility to ensure lawful operation lies with the DPS³, Abdulvasa Dawood, regardless of the company associated with the civil penalties. Johnson also noted that Dawood opened the premises in 1989, and the premises licence was held between 2017 and 2024 by Wellington United Limited, of which Dawood is still the active director.

Johnson concluded by stating that the Home Office Immigration Enforcement was seeking for the sub-committee to consider revoking the premises licence, in line with Section 182 Guidance.

Questions to the Home Office

Councillor Marie-Therese Rossi asked why it had taken the Home Office so long to request the review, given that the visits started in 2019. Johnson responded that on the first visit, only one illegal worker was encountered, and there was a period of three years in between visits. However, since that time, the Home Office had heightened concerns.

Councillor Abdullahi Noor asked if the £135,000 fine had been paid, and who paid it. Johnson responded that he did not have the information about whether that had been paid yet. Chris Jolly, RB Kensington Trading Standards Lead, clarified that the company the fine was issued to, Corporate Meetings and Events Services Limited, had entered voluntary liquidation last month.

Rossi asked if the Home Office had informed SSW6 that they had raided the premises and found illegal workers there. Johnson responded that the local enforcement team speaks to whoever is in charge of the premises at the time, and the follow-up goes to the civil penalties team, who would then find who is liable for the civil penalty and write to them.

Metropolitan Police Submission

PC Ian Davis of the MPS stated that he attended the premises on 9 May alongside a multi-agency visit, and there was a number of shisha smokers in the basement. He said that a lot of shisha products were confiscated by RBKZ⁴ Trading Standards at the time. Davis stated that the police fully support the revocation of the licence, detailing the 182 guidance in relation to 11.27, that certain criminal activity that may arise in connection with licensed premises should be treated particularly seriously if these premises are used for employing persons who are disqualified from working. Chris Jolly confirmed that on 9 May, 21 kilograms worth of illegal illicit shisha was seized, with a value of around £2,000. Furthermore, there were considerable breaches of the Health Act 2006 in that people were smoking in a substantially enclosed area. He added that the companies and individuals concerned are all under criminal investigation for those breaches.

Premises Licence Holder's Case

Noel Samaru from NJD Consultants presented the case on behalf of the premises licence holder. He submitted that revocation of the premises licence is contrary to the statutory aims of the Licensing Act, and every other option should be sought before revocation is implied.

Samaru clarified that the majority of the enforcement action cited relates to former companies. He explained that in 2019 to 2020, Nat Cafe and Restaurant Limited were trading in the basement, while Wellington United were the licence holder. In December 2024, the operating company downstairs was Corporate Meetings and Event Services Limited.

Samaru stated that Dawood does not want to sidestep his responsibilities as the DPS, and has taken the severity of the situation with the illegal workers very seriously. He added that Dawood had not received any notification from immigration regarding what happened, but took it upon himself to immediately terminate the management agreement with Corporate Meetings Limited.

Samaru argued that there is no evidence of systematic illegal working practices under the leaseholder, SSW6 Holding. He said that they have put in comprehensive protocols to monitor the staff of any company running their own business in the basement, and will implement comprehensive recruitment controls and protocols with mandatory right to work checks.

Samaru proposed separating the premises, so that if somebody wants to take the basement premises independently, they should apply for their own licence and have their own DPS. He also said that Dawood would accept a change of DPS, as his health has deteriorated.

Questions to the Premises Licence Holder

Johnson asked for clarification about Dawood being spoken to in 2020 and 2024 regarding illegal workers. Samaru responded that Dawood doesn't really remember the details of what went on, but he hadn't received any help or guidance from the Home Office.

Davis asked why the company director, Monica Eva Zabreska, was not present. Samaru responded that she had another job and couldn't leave. Davis also asked about Dawood's involvement in employing staff. Samaru responded that Dawood doesn't employ staff, he's the DPS.

Jolly asked if Dawood had effectively terminated a contract with himself, as he was the director of Corporate Meeting and Events Limited. Samaru said that Monica was the director, and she terminated the company.

Rossi asked who Samaru was representing, Dawood or SSW6 Holding Limited. Samaru responded that he was representing both. Rossi then stated that it was disappointing that a director of SSW6 was not present.

Rossi asked when SSW6 took over running the premises. Samaru responded that they took over as the premises licence holder and the lease holder in January 2024.

Noor asked why the immigration officers were not given access to the property on the last visit. Samaru responded that they were given access, but Callum, from the Home Office, clarified that they attempted to gain fully informed consent, but it was refused, and they did not enter the premises at any point that evening.

Noor asked about the relationship between SSW6 and Dawood. Samaru responded that Dawood is not a director of SSW6, but he remained the DPS. He added that Dawood is nearly 70 years old, and feels that somebody else with a bit more vitality would be better off operating the business as the DPS.

Conditions

The legal officer presented a number of proposed conditions.

Samaru initially rejected a condition that a minimum of two SIA door supervisors should be on duty at the premises at all times, saying that it was a small cafe, there has never been any incidents there of violence or anti-social behaviour, and they sell very little alcohol there. He later suggested that door supervisors could be required on Thursdays, Fridays and Saturdays, or when there are more than 30 or 40 people in the premises.

Samaru also rejected a condition that external doors and windows of the premises shall be closed from 2200 hours daily until the premises closes to the public, saying that they've had no incidents there or issues there with noise.

Samaru rejected a condition that neither Dawood or Ahmed Murray shall financially benefit from the operation of 5-6 Wellington Terrace, and that neither Dawood or Murray shall have any involvement in the operation, ownership or management of the premises.

Samaru said that if the committee were minded to provide a suspension, that it should be two to four weeks, while the letter from SSW6 suggested a three month suspension. The legal officer said that legally they could not extend a maximum imposed by legislation.

Davis suggested a condition that no tobacco or shisha tobacco products for smoking in a hookah and or associated paraphernalia are to be smoked inside the premises. The chair said that it was already against the law to smoke inside.

The licensing officer said that in order to remove the basement from the licensed area, it would need to be done via a variation⁵. The committee retired to make their decision in private, and would communicate it to all parties within five working days.