Agenda item

The report of the Chief Officer Elections and Regulatory informs Members that West Yorkshire Trading Standard Service has served on the Licensing Authority an application under Section 51 of the Licensing Act 2003, for a review of a premises licence in respect of Fountain Food and Wine, 1 Fountain Street, Morley, Leeds, LS27 9AA. 

(Report attached)

The report of the Chief Officer Elections and Regulatory informed Members that West Yorkshire Trading Standards Service had served on the Licensing Authority an application under Section 51 of the Licensing Act 2003, for a review of a premises licence in respect of Fountain Food and Wine, 1 Fountain Street, Morley, Leeds, LS27 9AA.

Members were advised that intelligence had been received by West Yorkshire Trading Standards which indicated that the business had been dealing in illegal tobacco. Numerous test purchases had been carried out as well as an inspection of the premises. During these visits illicit cigarettes and hand rolling tobacco were found.

Representation in support of the review had been received from Senior Liaison and Enforcement Officer of Leeds City Council Entertainment Licensing. A copy of this was appended to the report.

In attendance at the hearing were:

·  West Yorkshire Trading Standards

·  Entertainment Licensing Enforcement and Liaison

The respondent Mr Mahmood was not in attendance at the hearing and although Mr Mahmood had indicated that he would be attending he had not presented himself at the Civic Hall. Officers had tried to contact him but without success. All Members were in agreement that the hearing should proceed without Mr Mahmood.

The officer from West Yorkshire Trading Standards provided the following chronology of events which had led to this review hearing:

·  29/11/2018 – Test purchase where a packet of Mayfair cigarettes were bought for £4, this is well under the recommended price.

·  06/02/2019 – Test purchase of a sleeve of Red Fest cigarettes which is 10 packets of cigarettes costing £40 which is under the recommended price. This brand of cigarette has no legal market in the UK and would suggest that these cigarettes had been smuggled;

·  08/02/2019 an inspection had been carried out at the premises and 2580 illicit cigarettes had been recovered from the room above the premises Mr Mahmood had been given advice and made aware of his legal obligations;

·  14/02/2019 another test purchase where a packet of Richmond cigarettes were bought for £4;

·  On 01/08/2019 another test purchase took place and inspection of the premises. Officers found tobacco concealed in drinks fridges and behind stock on shelves at the back of the shop. On this day 5080 cigarettes and 52 packs of rolling tobacco were recovered;

·  3 inspections and numerous test purchases had been undertaken at these premises;

·  Packaging was not plain or carrying health warnings as is required by law.

Members noted that it was government strategy for the taxation of tobacco products as an incentive to stop smoking and that the sale of these illicit tobacco products undermines those who sell the product legally.

Members were also advised of Home Office Guidance with particular reference to paragraphs 11.27 and 11.28.

Members carefully considered all the information before them.

RESOLVED –Having considered the representations and evidence before it, and with regard to the Licensing Act 2003 and guidance the Licensing Sub-Committee resolved that the revocation of the premises licence was the proportionate response.

Having resolved to revoke the Premises Licence the Licensing Sub-Committee then considered any interim steps. It was resolved that in the interim period, to account for the 21 day period for appeal and any subsequent appeal disposal, the Premises Licence would be suspended with immediate effect.

Members were dismayed that the premises licence holder had shown complete disregard for the licensing objectives and warnings that had been given.