THE owner of a shop where illegal tobacco was sold during an undercover sting has been denied a licence to sell alcohol.
During a hearing on whether to grant a licence to Mix Mini Market on Gaythorne Road, the owner said he didn’t know how much the tobacco products in his shop should be sold for, failed to recall the licensing objectives all licence holders are required to follow, and accused his staff of selling £31 bags of tobacco for £4 behind his back.
Sulyaman Hussain Hassan had applied to Bradford Council to sell alcohol at the store, which he purchased around two months ago.
Shortly after the application was made, the shop was visited by a team from Japan Tobacco International. They were in Bradford to carry out test purchases on shops that they believe are selling illegal tobacco.
On October 18 a test purchaser visiting Mix Mini Market was sold a 50g pack of Amber Leaf hand rolling tobacco for just £4.
On October 21, another 50g pack of Amber Leaf hand rolling tobacco was bought for £4.
The recommended retail price of the Amber Leaf is around £38.
Although tests on the tobacco have yet to be completed, JTI believes that the low price of the product – lower than it would cost a shop to purchase the product legitimately, showed it was likely to be counterfeit.
The company objected to the store’s licence application, arguing that a store selling illegal tobacco should not be trusted to sell alcohol.
The applicantion went before a meeting of Bradford Council’s District Licensing Panel on Thursday, when Mr Hassan argued the products he sold in the store were legal.
Speaking through a friend who was interpreting for him, Mr Hassan said he “came to this country not that long ago. He doesn’t really understand rules.”
The panel heard that Mr Hassan works in a car wash during the day, and another shop in night, so he is often absent from the mini market. The translator added: “He has very little chance to find out what his staff are doing behind his back.”
He suggested whoever sold the tobacco for £4 would be fired.
In his application form, Mr Hassan had appointed a Mustapha Khalil Mustapha to be the designated premises supervisor for the shop – the person responsible for the day to day running of the business.
Legal officer Robert Brown asked Mr Hassan if he knew the four licensing objectives. These are that licence holders should prevent crime and disorder, maintain public safety, prevent public nuisance and protect children from harm.
After a pause during which he suggested he didn’t know any, Mr Hassan replied “pregnant women.”
Mr Brown grilled Mr Hassan on how much he sells 50g packs of Amber Leaf tobacco in his shop for.
He said £21, adding “I don’t smoke, so don’t need to know how much they are.”
Mr Brown questioned what motive his staff would have to sell tobacco for £4 behind Mr Hassan’s back, adding: “Why would they sell it for that amount when the business has paid a lot more for them? Why wouldn’t they just sell it for the full amount and pocket the difference?”
Mr Hassan said he didn’t know.
Referring to Mr Hassan’s at times confused responses to questions, Ian Howells from JTI said: “It doesn’t sound like the business is well enough run to prevent the sale of illegal tobacco. His knowledge of products seems limited.”
He questioned whether the business had an economic operator ID. Without such an ID the business would not be able to legally sell tobacco.
Mr Hassan said he didn’t understand.
Mr Hassan urged the panel to give him a chance, adding: “We’ll try to do everything in the right way.”
At that point, Mr Hassan and the rest of the panel was shown a photo of the man who sold the cheap tobacco during the test purchase. He said it was a photo of Mr Mustapha, the man who he had nominated to be the business’ designated premises supervisor.
Asked what he was going to do about this revelation, Mr Hassan said: “I never thought he would do something like this.”
He suggested he would fire Mr Mustapha. The panel pointed out that they were deciding on an alcohol licence with Mr Mustapha as the DPS.
Chair of the Panel Councillor Mohsin Hussain (Lab, Keighley Central) said: “How do we grant a licence to someone who is going to be dismissed?”
Mr Hassan replied: “I don’t have an answer.”
After a deliberation, the panel agreed to refuse the application.
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