A popular Italian restaurant caught using illegal workers begged to keep its licence saying "focus was lost" following the owner's alleged murder.
Donatello was raided less than two years after beloved owner Sue Addis died at her home in Brighton - and immigration officials found six illegal workers.
The Home Office said the business was "complicit in paying cash in hand" to workers and a council hearing will decide whether it will still be allowed to sell alcohol.
It comes as Sue's grandson Pietro is set to face trial next month - the 19-year-old has offered a guilty plea to manslaughter but denies murder.
His uncle Mikele Addis, a co-director of the business, made an emotional plea for understanding from the council following the events of the past two years.
He said: “I would hope in the circumstances that the licensing panel would understand that in the face of such tragedy, Leo and I have over the last two years lost some focus.
“This is compounded by the fact that the whole operation of our two restaurant businesses has fallen on us alone.”
Before her death in January 2021, Sue ran the restaurant and was in charge of administration, payroll and accounts.
The tragedy rocked the Brighton community with countless heartfelt tributes paid to the businesswoman, who was known for her charity work.
On November 9 last year, a Home Office immigration compliance team raided the business in Brighton Place.
Officials said that they found a Russian man, four Uzbekistani men and an Ivory Coast woman working without the correct visas.
Papers have now been published ahead of a hearing next week, including representations from Sussex Police and the Home Office asking Brighton and Hove City Council to revoke the restaurant’s licence.
The Home Office said that “appropriate checks” were not carried out to ensure that all staff had the right to work. Most of the illegal workers present had seasonal agricultural visas, allowing them to work on fruit farms.
Home Office representation said: “One of the people who walked off the site was an asylum seeker who admitted to being paid £7 per hour in cash. It is clear the employer is complicit in paying cash in hand to his staff.”
Mikele, a co-director of Pietro Addis and Sons, the premises licence holder for Donatello, said that new staff were interviewed by either the manager or head chef and asked to bring in their passports and visas which were checked and copied.
He said that the staff carrying out the interviews had misunderstood the term “seasonal worker” in the work visas that had been presented to them.
Five of the six workers found by immigration officials were registered on the payroll and had national insurance numbers.
A new staff member who joined on Monday 7 November 2022 had not provided her visa details before starting work in the kitchen – and office staff did not know that her documents had not been presented.
Since the immigration raid, Mikele and his brother Leo have dealt with all employment issues and have retained a specialist company, Bedrock Human Resources, to vet all existing and new employees.
The company’s solicitor Nicholas Perkins asked the Home Office to withdraw the allegations that staff were paid in cash and less than the minimum wage.
He said that all but one member of staff – who started just days before the raid on a trial period – were registered on the payroll and had national insurance numbers.
Sussex Police said that Donatello had no history of breaching the conditions of its licence nor had the police been called to any incidents at the premises.
Police licensing officer Mark Thorogood said: “The seriousness of the actions taken by the management to employ illegal workers is in no way promoting the licensing objectives.
“It raises concerns over how the venue is generally being run regarding their employees.
“Areas such as modern slavery, staff training and welfare and possible misreporting to Revenue and Customs are all areas of concern and that need to be taken into consideration when reviewing this request to revoke the licence.”
Six neighbouring businesses and residents have sent the council letters in support of Donatello.
The restaurant’s licence permits the sale of alcoholic drinks from 11am until midnight from Sunday to Thursday and from 11am on Fridays and Saturdays until 1am.
The business can also serve food and non-alcoholic drinks until 2am on a Saturday and Sunday morning and until 1am for the rest of the week.
However, Donatello’s published closing time is 10.30pm.
The licence review hearing – held by a council licensing panel – is due to start at 10am next Wednesday at Hove Town Hall.
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