(Members Code of Conduct – Part 4A of the Constitution)

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

Notes:

(1)      Members must consider their interests, and act according to the following:

(2)      Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

(3)      Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

(4)      Officers must disclose interests in accordance with Council Standing Order 44.

(Access to Information Procedure Rules – Part 3B of the Constitution)

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

If that request is refused, there is a right of appeal to this meeting. 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

(Jane Lythgow – 01274 432270)

The Assistant Director Waste, Fleet and Transport Services will present a report (Document “U”) which outlines an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises in respect of General Market, 489-491 Little Horton Lane, Bradford, BD5 9BY.

Recommended –

Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application.

(Melanie McGurk – 01274 431873)

The Assistant Director Waste, Fleet and Transport Services presented a report (Document “U”) which outlined an application for review of a Premises Licence authorising the sale of alcohol for consumption off the premises in respect of General Market, 489-491 Little Horton Lane, Bradford, BD5 9BY.

On February 21 2022, a test purchase of counterfeit cigarettes was made at the store, and a man working behind the counter retrieved the contraband from the boot of a car on the adjoining street.

390 packs of illegal tobacco were later found in the car.

On March 8, 2023, an inspection visit was made. Illegal tobacco was recovered from black plastic bags hung behind the counter. 363 packets of illegal cigarettes and 41 pouches of rolling tobacco were seized from the car. were also recovered from an unlocked car which was parked in a secure yard at the rear of the store.

On April 3 a test purchase of cigarettes was made by a fifteen-year-old youth.

The report to the panel by Trading Standards claimed the tobacco was stored in a car to prevent it being discovered during any visits.

Referring the sale of cigarettes to a 15-year-old, licence holder Ali Zawad told the panel: “The staff member had only recently started working. She said they had a hat on so she couldn’t tell they were too young.

She had received basic training but she didn’t listen. What can I do?” He claimed the cigarettes in the car had nothing to do with the shop. When asked about the contraband that was found in the shop, he acknowledged that did belong to the shop.

Mr Mullins said it was very unlikely the teen was wearing a hat, as all test purchasers working for Trading Standards are told to keep their faces uncovered.

Referring to the claim that the car had no connection to the shop, and just happened to be parked nearby and filled with counterfeit tobacco, Mr Mullings pointed out the car had been parked in a secure parking space behind the shop.

After a short deliberation members voted to revoke the alcohol licence.

Resolved –

That having considered the Application for Review and all validrepresentations made by the parties to the hearing; the published statement of licensing policy and relevant statutory guidance; the panel, on the evidence which has been heard, is not satisfied that the Licence Holder has the ability to promote the licensing objectives. Therefore, the panel revokes the Premises Licence in respect of 24 General Market, 489-491 Little Horton Lane, Bradford, BD5 9BY.

Reason - It is considered that the revocation is appropriate and proportionate to ensure promotion of the Prevention of Crime and Disorder objective, the Public Safety objective and the Protection of Children from Harm objective of the Licensing Act 2003.

To be actioned by: Assistant Director Waste, Fleet & Transport Services