An application for a review of a Premises Licence in respect of Zina’s Supermarket, 130 Lime Street, Penn Fields, Wolverhampton, WV3 0EX, had been received from the City of Wolverhampton Council’s Trading Standards.

Ms J. Till, Section Leader (Licensing), provided an outline of the application.  Mrs D. Slack, Trading Standards, confirmed that the summary was accurate.

Mrs Slack stated the grounds for review as per Appendix 3 of the report.

The Chair invited the Sub-Committee to question Mrs Slack on her representation.  Mrs Slack stated the following in response to questions:

·     The Review was important as the sale of illicit tobacco was dangerous to public health due to the lack of controls over what went into it and there was no duty to detail tar levels or chemicals on the packet.  Cigarettes were priced very cheaply at £3 per packet, meaning that there was no price disincentive for customers.  The price also took profits away from other traders dealing in legitimate tobacco;

·     On the first visit to the premises, in February 2016, counterfeit or non duty paid tobacco products were easily found.  On the second visit, in September 2016, similar products had been concealed but were discovered through the use of sniffer dogs.  The period between visits was relatively lengthy due to the lack of available dogs, which were utilised nationwide.  Dogs would again be required if another visit were to take place;

·     Public safety, nuisance and the protection of children from harm (due to the “pocket money” prices of tobacco on sale) were key concerns;

·     The possibility that illicit tobacco was being sold had brought to the attention of Trading Standards through reports from members of the public.

The Chair invited officers to question Mrs Slack on her representation.  No questions were asked.

Mrs Slack said that she had copies of a letter 27 January 2017 that was sent to Mr Sadeq, previous Premises Licence Holder and Designated Premises Supervisor, and Mr Sharma, current Premises Licence Holder and Designated Premises Supervisor, which summarised a licensing check visit to the premises that took place on 10 January 2017 and offered assistance including an explanation of Trading Standards law.  She could also provide details of an interview with Mr Sadeq held under caution.  Ms L. Woodward, Lead Lawyer, advised the Sub-Committee that should it wish to consider that evidence it should do so in private session.

Resolved:     That in accordance with section 100A (4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business as it involves the likely disclosure of exempt information falling within paragraph 3 of schedule 12A to the act relating to the business affairs of particular persons.

The Sub-Committee considered the exempt information.  A copy of the letter is filed with these minutes.

Resolved:     That the Sub-Committee resume in public session.

The Chair invited Mrs Slack to summarise the representation of Trading Standards.  Mrs Slack said that Trading Standards had grave concerns as although the Premises Licence Holder role had recently been transferred, the individuals identified in the running of the shop in February 2016 were still heavily involved with the business.

All interested parties, with the exception of the Lead Lawyer and the Democratic Services Officer, withdrew from the meeting to enable the Sub-Committee to determine the matter.

All interested parties were invited back to the meeting and the Chair advised them of the decision of the Sub-Committee.  The Lead Lawyer detailed rights of appeal.

Resolved:    That the Premises Licence be revoked on the grounds that the evidence considered shows a gross mismanagement of the premises, a blatant disregard for the Premises Licence conditions and undermines the Prevention of Crime and Disorder Objective.