Sheffield mini market loses alcohol licence bid over illegal cigarette sale

Members of Sheffield City Council’s licensing sub-committee refused to grant the licence to Miran Mohammed for Zabka Mini Market on Attercliffe Road, Attercliffe.

They heard from council trading standards officers that a test purchaser bought a pack of 20 counterfeit cigarettes for £4 from the shop – something a representative for Mr Mohammed said happened without his knowledge or permission. He plans to appeal the refusal.

Trading standards officers objected because an alcohol licence comes with legal responsibilities to take action to prevent crime and disorder. The test purchase was made only three days before the licence application was submitted, said an officer.

Illicit tobacco sales are a big problem in Sheffield, the sub-committee heard, exacerbated by the cost-of-living crisis. They also cut against the government’s intention to cut smoking by high taxation to raise prices.

Committee chair Coun Jayne Dunn said: “We have to consider the fact that somebody is fit and proper. We are asked to grant a licence and the fact that there was a random spot check and illegal tobacco there puts a question today.”

‘He’s not responsible’

June Clarke from JMC Licensing Consultants, representing Mr Mohammed, said: “If my client did not sell those cigarettes, then he’s not responsible for what happened that day. If a member of staff has done it, he’s not responsible for that because he wasn’t there.

“He’s done due diligence, he’s told them all that they don’t do that. He doesn’t even sell cigarettes in the shop. No cigarettes.”

She said that Mr Mohammed only took over the shop in September and had been busy doing a refit and getting stock in, so he had asked people he knew to watch the shop while he went to the cash and carry or to carry out other tasks. She said he doesn’t know who was there on that day.

Ms Clarke added: “He’s just bought the shop. He’s just getting ready to pay a considerable amount of money for a premises licence. Why would he risk that for a couple of packets of cigarettes?”

She told the sub-committee: “He’s prepared to go to an appeal just to clear his name as this refusal will seriously affect his livelihood for the rest of his life.”

Mr Mohammed was aiming to take on paid staff once he got his licence and would go through industry-recognised training with them on the legal responsibilities of selling alcohol, said Ms Clarke.

‘Learned a lot’

She said that incident had been an awakening to Mr Mohammed.

“He’s learned a lot from this experience,” said Ms Clarke, “He’s been absolutely terrified and worried about what’s going on.

“He wants to do right and just wants the opportunity to prove that he can do right. He’s going to make sure nobody in the shop will do anything like that again.”

Committee member Coun Henry Nottage said: “There’s a loose relationship between the owner and who is behind the till. This is a far cry from what we’d expect to see to be a licensed premises that’s selling alcohol that’s much more highly regulated.”

Coun Dunn said: “We’re not granting the licence. We don’t have enough evidence that we could do so.”

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