A shop accused of selling illicit tobacco is still open more than six months after Manchester council revoked its licence because it has been held up in the courts. Euro Market in Cheetham Hill Road had its licence revoked in December after council staff claimed a chute from the flat above was used to sell illicit items.
However, the owner appealed this decision, allowing the business to continue operating as usual until the appeal is heard at Manchester Magistrates' Court. The business has since applied for a new premises licence which councillors on the licensing panel rejected at a town hall hearing on Monday (June 13).
It comes after a member of staff at the shop - who the owner claims has now been fired - was caught by council officers selling illegal cigarettes last month. A subsequent search of the premises carried out by the trading standards team on May 23 found no illicit tobacco products in the shop or the flat above it, but the owner failed to hand over CCTV footage requested by the council.
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Speaking at the town hall hearing, business owner Barham Mohammad claimed that his former employee removed the CCTV footage requested. He denied selling illicit tobacco and questioned the council's evidence.
He said: "I'm not jeopardising the licence I applied for. I'm not selling illegal cigarettes. I'm not doing anything illegal in the business. I've got a family to look after. The [CCTV footage] has been removed by a member of staff. They sold the cigarettes themselves when I was not there behind my back. It's not me."
The council's trading standards and licensing out of hours teams objected to the application alongside a licensing officer from Greater Manchester Police. Council staff questioned Mr Mohammad about the sale of illicit tobacco and his failure to provide CCTV footage in accordance with the licence conditions.
Mr Mohammed, who worked at the store before taking over the business, said he has been busy looking after his wife who was in hospital expecting a child. He said his former employee who was 'in training' at the time wiped the CCTV.
But speaking on behalf of the police force, PC Alan Isherwood told the panel that Mr Mohammad lacks the honesty and integrity required to hold a licence. Announcing the decision to refuse the application, licensing panel chairman Carmine Grimshaw raised concerns about the backlog of cases in the courts.
He said: "We've refused the licence previously. We appreciate the delays caused by the pandemic in the backlog to the courts.
"However, we're appealing as a committee for the courts to deal with such cases as fast or as soon as they possibly can. This now no doubt will increase work upon licensing out of hours, GMP and trading standards because we need to keep a good eye on this premises.
"This type of operation isn't being run properly. There's a safeguarding issue. We appeal to the courts to deal with these cases in a timely fashion."
Owners of businesses who are dissatisfied with the outcome of a licensing hearing can appeal to the local magistrates' court within 21 days of a decision. Business owners are required to pay a fee to the court when lodging an appeal.
Her Majesty's Courts and Tribunals Service (HMCTS) has confirmed that in this case, the court did not receive a fee for the appeal which has now been listed. A spokesperson said: "This appeal has now been listed, but was delayed because the fee requested by HMCTS had not been paid by the owner’s solicitor."
The appeal is due to be heard at Manchester Magistrates Court on June 23.
