application for a Review of a Premises Licence in respect of
Batas Supermarket, 130 Lime Street,
Wolverhampton, WV3 0EX, had been received
from Trading Standards.
Donna Cope, Democratic Services Officer, reported that on 16
January 2020, the day before the Hearing, a friend of Mr Majeed
(Premises Licence Holder) had contacted Democratic Services and
requested that the Hearing be adjourned to a future date.
The Democratic Services Officer outlined the reasons
for the request and stated that the
Applicant, Dianne Slack, Tobacco Control Officer for Trading
Standards, had submitted a written response detailing why it was in
the public interest to refuse the request. Copies of the Tobacco
Control Officer’s response were tabled by the Democratic
Statutory Licensing Sub-Committee considered the request to adjourn
and the written submission from the Applicant and resolved to
refuse the Premises Licence Holder’s
request to adjourn the Hearing.
Chair confirmed that all parties had sight of the hearing
Anita Chonk, Licensing and Compliance Officer, provided an
outline of the
application. Dianne Slack, Tobacco Control Officer for Trading
Standards (applicant), confirmed that the summary was
Chair invited Trading Standards to present their application.
Dianne Slack, Tobacco Control Officer, did so as per Appendix 3 of
Chair afforded all parties present the opportunity to question the
applicant in relation to her submission. Dianne Slack, Tobacco
Control Officer, provided responses to questions asked.
Chair invited Public Health to make representations. Michelle
Smith, Principal Public Health Specialist, did so as per Appendix 4
of the report.
Chair invited all parties present to question Public Health in
relation to its submission. Michelle Smith, Principal Public Health
Specialist, provided responses to questions asked.
Chair invited the Licensing Authority to make representations. Mrs
Elaine Moreton, Licensing Section Leader, did so as per Appendix 5
of the report.
Chair invited all parties present to question the Licensing
Authority in relation to its submission. Elaine Moreton, Licensing
Section Leader, provided responses to questions asked.
Chair invited all parties present to make their final
Elaine Moreton presented a summary on behalf of the Licensing
Dianne Slack presented a summary on behalf of Trading
interested parties, with the exception of the Solicitor and the
Democratic Services Officer, withdrew from the meeting to enable
the Sub-Committee to determine the matter.
interested parties were invited back to the meeting and the Chair
advised them of the decision of the Sub-Committee, which was read
out in full by the Solicitor.
the hearing to review the premises licence, members of the
Statutory Licensing Sub-Committee considered all written evidence
and listened carefully to all representations made both written and
oral. They considered all the evidence presented and found the
They heard from the applicant that:
On 3 July 2019, following an anonymous complaint
about activity at Batas Supermarket, Trading Standards conducted an
underage test purchase at the premises and a fifteen year old girl
was able to purchase one bottle of lager.
On the same day, an officer of the Council was able
to purchase two single cigarettes, contrary to the Standardised
packaging of Tobacco Products Regulations 2015.
On 4 September 2019 Trading Standards attempted a
test purchase of illicit tobacco at the premises and an eighteen
year old was able to buy twenty Counterfeit cigarettes.
On 24 September 2019 Trading Standards received
further intelligence that counterfeit, foreign or non-duty paid
tobacco was available at the premises.
On 26 September 2019 a fifteen year old was able to
purchase a large bottle of Smirnoff, a sixteen year old was served
with illicit cheap white cigarettes and an eighteen year old
purchased a single can of lager and a packet of counterfeit
On 27 September 2019 Trading Standards exercised a
warrant and seized a holdall and green shopping bag containing
7,800 illicit cigarettes and 300g of illicit hand rolling tobacco
from the premises.
It was an offence to sell alcohol to a person under
the age of 18 (Section 146 LA 2003) and an offence to sell tobacco
to a person who is underage (Section 7 Children and Young Persons
Act 1933, as amended).
There had been breach of several conditions of
The seized goods included cigarettes known as
foreign cheap whites, which were foreign brands brought into the UK
illegally specifically to be sold on the black market.
knowingly keep or allow to be kept on relevant premises, goods such
as cigarettes, which had been imported without payment of duty or
which had otherwise been unlawfully imported was a criminal offence
under section 144(1) and (3) of the LA 2003.
11. Guidance under section 182 of LA 2003 at paragraph 11.27
suggests that sale to minors of alcohol together with the sale of
counterfeit/illicit tobacco, where premises were used the further
crime, revocation should be considered even in the first
concern of Trading Standards was that the sale of illicit and
counterfeit cigarettes and tobacco contributes to the shadow
economy, drives down the cost of tobacco which counteracts the
government attempt to use price as a disincentive in relation to
smoking and the action undermines public health.
prevention of crime and disorder, prevention of public nuisance and
prevention of children from harm Licensing Objectives had been
14. This was serious criminal activity and therefore the applicant
would request revocation of the licence.
Premises Licence Holder had failed to attend, and an application
had been made for an extension of time and for the matter to be
adjourned to a specified date. The applicant had objected to this
for reasons outlined in an email which had been submitted to all
Regulation 11 of the LA2003 (Hearings) Regulations 2005 provides
an authority may extend time where it considers this necessary in
the public interest.
Having considered submissions, the Licensing Sub-Committee
determined to hear the matter in the Premises Licence
They heard from Mrs Moreton, Licensing Authority as
responsible authority that:
The authority supported the application of Trading
There was a history of non-compliance at the
Now there was evidence of possession, custody and
control of illegal cigarettes, breach of licence conditions and
sale to minors.
Revocation of the premises licence was appropriate
in the first instance.
They heard from Public Health that:
They supported the application of Trading
There was concern regarding the significant amount
of illicit tobacco seized on the premises.
There were several breaches of licensing conditions
and underage sale of alcohol.
With reference to s182 LA 2003 revocation was
recommended in the first instance.
Sub-Committee could take such steps as it considered appropriate
for the promotion of the Licensing Objectives.
Paragraphs 11.27 and 11.28 of the revised Guidance under s182 of
the Licensing Act 2003 provides premises that had been used for the
criminal activity of the sale or storage of smuggled tobacco
together with the illegal purchase and consumption of alcohol by
minors should be treated particularly seriously, and where reviews
arise and it is determined that the prevention of crime and
disorder licensing objective was being undermined through the
premises being used to further crime, it was expected that
revocation of the premises licence should be seriously considered,
even in the first instance.
Sub-Committee were satisfied that criminal activity had taken place
at the premises and that the prevention of crime and disorder
licensing objective was being undermined through the premises being
used to further crimes. Further they were satisfied that there had
been breach of licence conditions.
Based upon the evidence presented and having regard to the
application, representations made, guidance issued under section
182 of the Licensing Act 2003 and the Council’s own licensing
policy, the Sub-Committee had on the balance of probabilities,
found that in order to promote the prevention of crime and
disorder, prevention of public nuisance and protection of children
from harm licensing objectives the premises licence of Batas
Supermarket should be revoked in accordance with Section 52 of the
Licensing Act 2003.
action was considered appropriate and proportionate action for the
promotion of the crime and disorder, prevention of public nuisance
and protection of children from harm Licensing
Written notice of the determination would be given to the holder
of the licence, the applicant, and any other person who made
An appeal could be made against
the decision by the applicant, the holder of the Premises Licence
or any other person who made a relevant representation to the
application, within 21 days from the day on which notice of the
decision was given.