Solihull's Flying Elephant pub learns its fate over immigration raid and danger to life kitchen
A Solihull pub and restaurant can keep trading after its owner told councillors a key change had been made.
The Flying Elephant in Hermitage Road will be allowed to keep its licence after a previous tenant alleged to have “willfully ignored instructions” was evicted.
The venue’s fate was discussed at a specially-arranged Solihull Council meeting after ‘dangerous’ cooking equipment was found in use during an immigration raid.
It came after an annual gas inspection found defects on gas equipment.
Pub chain Daniel Thwaites, which arranged the inspection, told tenants including designated premises supervisor (DPS) Nimesh Patel not to use the equipment but suspected the order was not being followed, councillors were told.
On May 22 immigration officers made an unannounced visit and arrested two males employed as the manager and waiter.
Environment health officers who were also on the raid found gas appliances including a plate warmer/sizzler, two tandoori ovens, a nine-ring burner, and a low single burner in use despite bearing ‘danger safety warning do not use’ stickers.
Andrew Buchanan, the operation’s director of pubs and brewing, was asked about what happened at a licensing act panel meeting on August 14.
“I apologise we find ourselves in this position,” he said.
“We do not dispute any of the facts – we consider ourselves a responsible pub operator.
“This is extremely rare. It is the result of our tenant who ignored instructions from us and statutory bodies.”
Panel member Coun Bob Grinsell asked if the DPS had now left the premises and Mr Buchanan confirmed he had.
Coun Grinsell said he did not want to see the site empty and asked how long it would take to appoint a new DPS.
Mr Buchanan replied: “The pub is advertised on a recruitment website, we have done some social media advertising.
“Our recruitment team is actively looking for a new operator.”
Noise complaints had been raised by residents who said shouts and screams went on until 3am.
Coun Grinsell said: “They put up a gazebo which I assume a lot of the noise issues were emanating from.
“The gazebo had not obtained any planning permission.”
Mr Buchanan replied: “We asked the tenants to remove it as soon as we were made aware.
“It was only taken down shortly before the pub closed (on July 31).
“We had repeatedly asked, it was an entirely inappropriate structure – it was essentially a disco in an open-sided tent.”
Council officers had found fire exits tied shut and obstructed and there were large patio heaters inside with no fire extinguishers or fire escape signage.
“We told our tenants to resolve that,” Mr Buchanan said.
“We found ourselves in a situation where we had a tenant who was wilfully ignoring virtually every piece of legislation that covered the operation of that premises.”
On right-to-work immigration checks, Mr Buchanan said: “The tenant employs people directly.
“We have no input into their recruitment processes other than to say they must operate within the statutory framework.
“These (tenants) invested a six-figure sum refurbishment. They were credible, they were committed.
“They have then clearly decided they didn’t want to operate within the statutory framework – the sensible things you do.”
After deliberations the panel allowed the owners to keep the licence but with stricter conditions.
They included that a manager and licence holder must be on site during all opening hours and there should be a noise management plan.
A condition to clear the beer garden by 10.30pm was also added.
When the pub closed the previous tenants wrote on the pub’s Instagram: “We’ve done everything we could to agree terms on fair and realistic terms with the brewery.
“Unfortunately the terms they offered were unrealistic and simply not feasible, leaving us with no choice but to close this chapter.”