A Spalding shop where police said they witnessed “very strange behaviour” and found a hidden compartment has had its premises licence revoked for selling alcohol illegally.
For the second time in three years a person has been stripped of their licence to run Spalding Express in Commercial Road.
On Thursday, January 10, South Holland District Council’s Licensing Committee decided to revoke the current personal and supervisor licences held by Mr Majid Rostam Mohamed since September 2017.
It followed evidence gathered over several visits by police, district council licensing officers and Trading Standards between September and December last year in an investigation over illegal cigarettes.
Of alcohol found to be on sale in the shop illegally, Mr Mohamed told the hearing through a Kurdish translator that two bottles of vodka seen on sale in September had been given to him as a gift and priced up and put on a shelf as a “joke” by a friend.
With regards to selling cans of beer with up to 9.5 per cent ABV Mr Mohamed said was “unaware” of the condition in his own licence that said he could only sell cans with less than 6.5 per cent ABV
The committee hearing was told that despite no illegal cigarettes being found, CCTV footage showed what Sgt Kim Enderby described as “very strange behaviour.”
The footage dated from four days in November showed customers heading straight to the counter, handing over money and then waiting by the door to the staff room. An employee went to the staff room and appeared to give them what police described as something “small and square”.
On other occasions people were seen being led outside, away from CCTV camera by another member of staff.
When challenged on this behaviour Mr Mohamed told the panel that customers were buying Polish apples and lemons.
The hearing heard that on one day, only one member of staff was in attendance and several people waited in the shop after handing money over until another came and led them all somewhere outside. None of the people were seen coming back into the shop.
The police also claimed that while in attendance in uniform they witnessed staff members refuse to serve customers and attempted to intercept them coming into the shop.
A police search did find what they described as an “elaborate” hidden compartment in a staff toilet that had its own working lever system inside – however no cigarettes were found during the raid.
A notebook was found listing cigarette brands, a number of which are illegal in this country, alongside numerical values. Mr Mohamed claimed this was a list he’d made for his own use.
He also told the hearing that he bought duty free cigarettes from a trip to Latvia that he sold to “friends” but only at the price he’d paid to purchase them.
The CCTV footage itself was taken by the police, with staff not being able to operate it being one of a number of procedural issues that was also contravened the Spalding Express licence agreements.
Sgt Enderby said: “There appears to be numerous licence breaches with the store and individuals involved criminal activity and the selling of illegal goods.
The hearing heard only four days worth of CCTV was able to be recovered, and the case housing the legal cigarettes was frequently left open blocking the camera.
Other procedural failures included the lack of evidence of any staff being trained, the lack of a policy on challenging potential under-age drinkers and the keeping of a record of instances where potential under-age drinkers are turned away.
On one visit investigating officers were told that a member of staff had taken over the ownership of the shop with her partner for £60,000 and that they had only been at the shop just a week.
However footage recorded by the police a month before showed the same member of staff working under Mr Mohamed. Sgt Enderby told the hearing he believed it to be a “clear attempt to muddy the water and confuse the issue.”
Mr Mohamed remained the only licence holder of the premises at the time of the hearing.
A previous licence for the shop was revoked in 2016. Mr Mohamed said he did not know the previous licence holder, despite the electric bill still being in that person’s name.
Sergeant Enderby, said: “Having a licence revoked for criminality normally brings a change of ownership and a change of behaviour.
“Unfortunately with Spalding Express the ownership has been the only change but with the illegal activity it has remained business as usual.
“It’s not acceptable to blame a lack of knowledge. To be a personal license holder you have to pass exams.
“Why Mr Mohamed doesn’t know how to comply with the licence, I’m at a total loss to explain.
“These conditions breached are replicated at stores across the country.”
Mr Mohamed told the hearing of his behaviour with police: “I was anxious and confused.
“I lived and worked in country that was a dictatorship. As soon as I see police officers I get confused and agitated.”
The decision by the panel chaired by Angela Harrison, said: “The Premises Licence Holder showed an astounding lack of knowledge of the licensing objectives and of the conditions of the licence.
“In light of the repeated breached of the conditions of the Licence and the lack of confidence in the
Premises License Holder and the presence of smuggled alcohol in the premises, the panel determined that the only way in which the licensing objectives would be promoted is to revoke the licence.”
Coun Anthony Casson, portfolio holder for public protection supported the panel’s decision, saying:
“The council’s public protection team, working alongside Lincolnshire Police and Trading Standard
officers, work hard every day to ensure that the people of South Holland are kept safe from harm”.
“I am pleased that the strongest action available to us has been taken to revoke the alcohol licence
of this premises, who have a sustained a clear history of not adhering to the licensing laws or
ensuring the protection or wellbeing of their customers”.
“As always I also hope this decision will send out a clear message to other business owners in the
district that we take behaviour like this extremely seriously and will take action against any premises seen to be in breach of the licensing objectives.”
The ban on alcohol sales at the premises will come into effect after 21 days, depending on whether
an appeal is lodged with the Magistrates Court. For more information on Licensing laws and
regulations, visit www.sholland.gov.uk/Licensing.
