Agenda item

To consider the application at 9:30am

Contact: Steve Mycroft Licencing Officer. Tel 01484 221000

RESOLVED:

That the premises licence in respect of Markwan Mini Market, Trading as - Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH be revoked.

The Panel considered a report which outlined an application for the Review of a premises licence for Markwan Mini Market, Trading as, Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH.

The Licensing Officer advised the Panel that on 31^st July 2024, West Yorkshire Police made an application for the review of premises licence for Markwan Mini Market, Trading as, Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH, under Section 51 of the Licensing Act 2003. The Applicant believed that the Licensing Objectives in respect of the Prevention of Crime and Disorder and Public Safety were not being met.

The Panel was informed that West Yorkshire Police had received intelligence that the premises had been selling illegal cigarettes and tobacco. In response to this intelligence, on the 10^th June 2024, a search was carried out under Section 179 of the Licensing Act, where large quantities of illegal cigarettes and tobacco were found.  On 11^th July a test purchase was carried out by Trading Standards where further illegal cigarettes were purchased.

On the 18^th June 2024, Trading Standards assisted West Yorkshire Police to conduct a further search where more illegal cigarettes and tobacco products along with allege stolen bottles of alcohol and illegal vapes were found.

PC Swift, West Yorkshire Police, confirmed that illegal cigarettes were found in the shop, the shop had failed a test purchase for illegal cigarettes, and 227 illegal vapes were found to be on sale at the premises. In addition, stolen items were found in the storeroom and there were reasonable grounds to believe that these items were being offered for sale. During the search, behind the serving counter, 1,700 illegal cigarettes and 5 pouches of illegal tobacco were found and subsequently seized and passed over to Trading Standards.

PC Swift further advised that in June 2024, a letter was sent to the premises licence holder with clear instructions that the premises must not store illegal cigarettes/tobacco or sell it, and that the alcohol licence would be reviewed if further such products were found in the shop or on sale.

Jason Bethell, Trading Standards Officer, confirmed that during the visit on 18^th July 2024, a thorough inspection of the store was conducted, and recovered from behind the counter were 227 disposable electronic cigarettes with a tank capacity greater than the maximum permitted of 2ml making them illegal. In the storeroom, there were bottles of spirits which still had the security tags on the top, placed there by supermarkets to prevent them from being stolen.

Having considered all the information presented both verbally and in writing, the Panel, in reaching its decision, had due regard to the provisions of the Licensing Act 2003, the statutory guidance issued under section 182 of the Act, the Councils Statement of Licensing Policy and the relevant provisions of the human Rights Act.

The Panel determined that the Licencing Objectives in respect of Public Safety and the Prevention of Crime and Disorder were not being achieved at the premises and therefore the only recourse is to revoke the licence.

RESOLVED:

That the premises licence in respect of Markwan Mini Market, Trading as - Hudds Wines, 8 Kirkgate, Huddersfield HD1 1QH be revoked.