Sunshine Bistro Folkestone: Owner Faces Losing Alcohol Licence Over Illegal Workers

Council hearing today will decide fate of Sunshine Bistro after immigration enforcement raid uncovered four illegal workers

Sunshine cafe, the popular town centre restaurant which opened in July 2021, is facing the loss of its alcohol licence today after immigration officers discovered four people working illegally on the premises during an enforcement visit last April.

Halit Guner (Left) Former Mayor Michelle Michelle Keutenius (Centre) &  Milda Guner (Right)

Sunshine Bistro on Sandgate Road has held a premises licence since April 2021, but Folkestone & Hythe District Council’s Licensing Sub-Committee will today consider an application from Home Office Immigration Enforcement to revoke that licence following what officials have described as a serious breach of licensing objectives.

The hearing comes after immigration officers raided the café-restaurant on 9 April 2025, acting on intelligence that the business owner was employing workers without the right to work in the UK. Officers encountered seven individuals within the premises, four of whom were confirmed to be working illegally.

The Enforcement Action

According to documents submitted to the licensing committee, immigration officers found the illegal workers engaged in various roles including food preparation, dishwashing, and front-of-house duties. Three of the workers told officers they were nephews of the owner, Halit Guner, who holds both the premises licence and serves as the Designated Premises Supervisor.

The workers, all Turkish nationals, admitted to receiving payment in various forms. One stated he received “rent-free accommodation at his uncle Halit Guner’s house, free food and drink while working, and occasional payment of his gym fees” but confirmed “he did not receive a salary, does not pay income tax, and does not hold a National Insurance number.”

Another worker, encountered in the kitchen preparing food, claimed to have started just two days earlier and said his uncle provided him with money because “I am his nephew.” A third worker admitted to “helping out” washing dishes in exchange for food.

Home Office records revealed that none of the four illegal workers had ever held the right to work in the UK. Their immigration histories varied: one had overstayed a visitor visa that expired in December 2019, whilst the others had arrived more recently and had asylum claims either refused or withdrawn.

Civil Penalty Imposed

The business, which operates under the company name Old Folks Limited with Guner as the active director, was issued a civil penalty of £120,000 on 8 May 2025 – £30,000 for each illegal worker discovered. The company objected to the penalty, but it was maintained at the full amount following a review on 11 June 2025.

Monthly payments are being received, with the last payment made on 10 December 2025, though £106,000 remains outstanding.

Right-to-Work Failures

Immigration Enforcement’s submission emphasises that the illegal workers possessed identification documents that would have revealed their lack of work authorisation had proper checks been conducted. One worker immediately presented his Application Registration Card to officers, which clearly stated his immigration conditions and would have shown he had no right to work at the restaurant.

The review application states: “Whether by negligence or wilful blindness illegal workers were engaged in activity on the premises. It is a simple process for an employer to ascertain what documents they should check before a person can work.”

When interviewed, workers confirmed that no right-to-work checks had been carried out. One stated explicitly that he believed “the employer was aware that he was not permitted to work in the UK.”

Strong Opposition from Authorities

The review application has attracted significant support from responsible authorities and local stakeholders. Kent Police have submitted a representation backing the revocation, stating that “illegal working has been identified at the premises, constituting serious criminal conduct and fundamentally undermining the licensing objective of preventing crime and disorder.”

PC Pringle noted in his submission: “Although recorded incidents of crime and disorder at the venue are limited, this may indicate a deliberate refusal to report issues in order to avoid scrutiny, potentially concealing further unlawful activity.”

The Folkestone Residents Licensing Forum also supports revocation, highlighting what it describes as “unfair competition and wider harm.” Philip Carter – pictured -, representing the forum, stated: “The use of illegal labour provides an unlawful cost advantage over compliant businesses that employ staff legally, pay minimum wage, tax, and National Insurance contributions. This distorts fair competition within the local hospitality sector and penalises responsible operators who comply with the law.”

Alex Hanagan, a licensing officer for Folkestone & Hythe District Council who attended the enforcement visit, has also submitted a supporting statement, concluding: “In light of the concerns identified at Sunshine Bistro, I therefore support the application for a premises licence review to fully consider the evidence, for removal of the Designated Premises Supervisor, revocation or suspension of the licence.”

Legal Framework and Guidance

The case centres on whether the restaurant has undermined the licensing objective of preventing crime and disorder, one of four statutory objectives under the Licensing Act 2003.

The Immigration Act 2016 amended licensing legislation to introduce immigration safeguards, making the Home Secretary (in practice, Home Office Immigration Enforcement) a responsible authority in the licensing regime. The Act states that a premises licence may be revoked if considered appropriate for the promotion of the crime prevention objective to prevent illegal working.

National guidance issued under section 182 of the Licensing Act states: “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.”

Immigration Enforcement argues that “lesser sanctions, such as additional conditions or temporary suspension, would be insufficient and ineffective in this case” because “the breach goes to the heart of the crime and disorder objective.”

What’s at Stake

Employing people without the legal right to work carries severe penalties. An employer who employs an illegal worker may face a civil penalty of up to £60,000 per worker. An employer who knowingly employs someone without the right to work, or has reasonable cause to believe employment is not permitted, may on conviction face up to five years’ imprisonment and an unlimited fine.

Working illegally is also a criminal offence, with illegal workers facing up to six months’ imprisonment and an unlimited fine upon conviction.

The Licensing Sub-Committee has several options available, ranging from taking no action to complete revocation of the licence. Other possibilities include issuing a warning, adding conditions to the licence, excluding licensable activities, removing the Designated Premises Supervisor, or suspending the licence for up to three months.

However, Home Office Immigration Enforcement is clear in its position: “Immigration Enforcement asks that the premises licence is revoked. Merely remedying the existing situation (for instance by the imposition of additional conditions or a suspension) is insufficient to act as a deterrent to the licence holder and other premises’ licence holders from employing illegal workers.”

The committee must make its determination based solely on evidence relating to the four licensing objectives and cannot add conditions or revoke the licence merely because it considers it desirable to do so.

Sunshine Bistro’s current licence permits the sale of alcohol for on-premises consumption from 10:00 to 21:30 daily, with opening hours from 07:00 to 22:00. The premises is described as a “café/restaurant within town centre precinct, providing café style food and drink to seated customers and take away service.”

The outcome of today’s hearing will determine whether the restaurant can continue to sell alcohol or whether it will join the small number of licensed premises that have had their licences revoked for immigration-related offences.

The Licensing Act Sub-Committee hearing takes place today at Folkestone & Hythe District Council’s Civic Centre at 11am.

The Shepway Vox Team

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