By Aileen Robertson

A CHINESE restaurant in Dunfermline has had its licence to sell alcohol suspended for a week after employing illegal immigrants.

As the result of a UK Border Agency investigation, six Chinese nationals were found working at Buffet Kingdom in Carnegie Drive on March 12. None of them had been registered with Inland Revenue.

The restaurant’s licensee Xu Wei appeared before Fife Licensing Board yesterday.

During the hearing, Chief Inspector Dougie Saunders outlined Fife Constabulary’s reasons for why Miss Wei’s licence should be suspended under the Licensing (Scotland) Act 1976.

Mr Saunders said the failed asylum seekers employed at Buffet Kingdom had been living in Dunfermline’s Bridge Street, at an address given by Miss Wei as her home address.

But solicitor Alistair Macdonald asked the board not to suspend Miss Wei’s licence on the grounds she had not knowingly employed illegal immigrants.

He argued that the employees had shown Miss Wei convincing false documents.

“It is not denied that these people were in the restaurant,” said Mr Macdonald.

“False documents, to my understanding, are professionally done and good quality.

“As far as she was concerned she asked for documents and was shown documents, which in her eyes were genuine.”

Mr Macdonald said the situation could be compared to a licensee serving drink to an under-ager.

“If false identification is produced that a reasonable person could be fooled by, then that is a defence of that charge,” he said.

“Maybe this is a similar situation, where the quality of identification is reasonably good and could be a defence to this action.”

The solicitor said because Miss Wei posed no danger to the public and had “learned her lesson and put procedures in place,” her licence should be continued.

He said, while Mr Saunders’s complaint was “competent,” it was “not appropriate” because Miss Wei had neither been charged nor convicted of any offence.

“We’ve heard a lot of speculation today, but there is no answer to this at the moment and we don’t know what the facts are. It would be premature to make a decision today,” he added.

Councillor David Mogg seconded Councillor George Leslie’s amendment not to suspend the licence.

He said, “I find it premature that this has come before us before any illegality has been confirmed.”

Councillor David Torrance moved to suspend the licence and was seconded by Councillor William Sangster. With five board members left in the room by the time the hearing took place yesterday afternoon, chairman Councillor Andrew Rodger made the casting vote in favour of the motion.

Mr Torrance and Mr Sangster voted to suspend the licence for the maximum period of three months and 13 days but Mr Mogg, Mr Leslie and Mr Rodger voted for a one-week suspension.