RECORD OF A HEARING FOR A REVIEW OF A PREMISES LICENCE FOR INTERNATIONAL FOOD STORE, 512 – 514 GREAT HORTON ROAD, BRADFORD (DOCUMENT “M”)

Commenced:            1000 on 2 March

Adjourned:    1005 on 2 March

Reconvened:            1005 on 13 March

 Adjourned:   1035

  Reconvened:1055

Concluded:   1100

Present:

Members of the Panel:

Bradford District Licensing Panel: Councillors M Slater (Chair), Jamil and Morris

Parties to the Hearing:

Representing the Responsible Authorities Applicant for Review:

Mr Clutterbrook, West Yorkshire Trading Standards Service

Mr Bethell, West Yorkshire Trading Standards Service

Representing Interested Parties

Councillor A Ahmed

Representing the Licensee:

Mr Zaher, Licensee

Mr Regar, supporting the Licensee

Representations:

The licensing officer in attendance summarised the background to the application and valid representations received as set out in the report.  It was explained that a request for a review had been received from West Yorkshire Trading Standards Service in light of intelligence they had received, which indicated that the premise was selling illegal tobacco, and in light of inspections and test purchases that had been undertaken.  A representation had also been submitted by a Ward Councillor in relation to anti-social behaviour that occurred outside the shop.  Members were informed of the relevant Statutory Guidance in relation to reviews arising from the connection with crime and the various options they could consider.   

The West Yorkshire Trading Standards Service (WYTSS) representative confirmed that they were seeking the revocation of the premises licence due to complaints that had been submitted about the illegal activity of the business.  As a consequence a number of inspections and test purchases had been undertaken and these had resulted in the seizure of illicit cigarettes and tobacco.  The WYTSS representative confirmed that all the proceeds from the sale of illegal goods would be retained by the business and no duty paid, which was a blatant disregard of the law and unfair on other businesses that operated legally.  The matter was considered as very serious and, therefore, the revocation of the premises licence was requested.   

In response to a point raised by a Member regarding the list of items seized, the review applicant acknowledged that the paperwork was not very clear and undertook to look at amending the form.

The review applicant confirmed that two visits to the premises had been undertaken during 2017 and at other times during 2015, when illegal tobacco products had also been confiscated, however, only the recent seizures were for consideration.  The Licensee stated that he had not been present at the premises during 2015 and had been on holiday in August 2017, so was not aware of the issues presented.  The review applicant explained that the revocation of the premises licence had been requested and whoever was responsible was irrelevant, as illicit tobacco had been found for sale on the premises and this was illegal.  Members were informed that a further visit had taken place on 7 March 2018 and illicit tobacco products had again been sold, even though the Licensee was aware that a review of the premises  ...  view the full minutes text for item 1.