Bradford store that sold loose cigarettes to 15 year old girl loses licence 

The owner of a Bradford shop has been stripped of his licence to sell alcohol after raids found the store was selling counterfeit cigarettes.

Earlier this year Mariwan Tofiq Mustafa, the licence holder for Piotr I Pawel on Duckworth Lane, was convicted after a 15 year old was sold two loose cigarettes at the store during a test purchase.

And on Wednesday a Bradford Council Licensing Panel agreed voted to revoke his licence.

Officers from West Yorkshire Trading Standards had called for the licence to be reviewed after the criminal conviction, and three other incidents when the local store was found to have broken laws by selling illicit cigarettes.

The contraband did not have health warnings on the packages and did not feature any English text on the boxes.

At the meeting, held in Bradford City Hall, Trading Standards officers produced two large bags filled with boxes of the illegal cigarettes that had been seized from the store, which is a short distance from Bradford Royal Infirmary.

Mustafa did not attend the meeting.

In January Mustafa appeared at Bradford and Keighley Magistrates Court, pleading guilty to charges of selling cigarettes to a minor and selling loose cigarettes.

The court heard that on August 31, 2019 Trading Standards sent the 15-year-old into Piotr I Pawel on Duckworth Lane as part of a test purchase. A Trading Standards officer entered the store shortly after.

The officer watched as the girl was sold two loose cigarettes at £1 each.

It was arranged due to a number of complaints about the store.

During the court appearance Mustafa blamed “teething problems” for the illegal sale, saying he had only taken on the business a few months prior.

He was fined £233, told to pay costs of £927 and a £32 surcharge.

At the Licensing Panel meeting members heard that the store was “well known” to Trading Standards.

In March 2020 officers visited the store and found 40 packs of illegal cigarettes. In a subsequent interview Mustafa blamed an employee for illegal stock, and claimed she had since been fired.

In November an undercover officer carried out a test purchase, and was sold counterfeit cigarettes.

In December an inspection by Trading Standards found 208 packs of illegal cigarettes at the store. The woman who Mustafa said had been fired was still working behind the counter.

Over 5,000 cigarettes in total had been seized from the store.

Criminal proceedings relating to the other three incidents are still ongoing.

The panel was told that the cigarettes did not include the legally required health warnings, were not in plain packaging and went against the Fraud Act, the Trademarks Act and the Custom and Excise Management Act.

A report by Trading Standards to the Panel said: “The owner of this store has continued to supply illicit tobacco products and has shown a blatant disregard for the law.”

Case officer David Strover told the panel that licence reviews generally related to alcohol sales, but said it was important that the illegal tobacco sales were highlighted.

He said: “There were four occasions where illicit tobacco was sold to either a minor or a Trading Standards officer. We think this is a very serious matter, and request that Bradford Council revokes the premises licence.”

After some deliberation, chair of the panel Cllr Malcolm Slater said: “In light of compelling evidence or persistent breaches of licence conditions, the premises licence has been revoked.”

It will mean the store, which advertises itself as a food shop and off licence, will no longer be able to sell alcohol.

After the decision Linda Davis, West Yorkshire Trading Standards Manager said, “All tobacco – both legal and illegal – kills half of all long term smokers.

“Children and young smokers are often targeted by people who sell illegal cigarettes, making it even easier for them to get hooked on smoking.

“The people making money out of this do not care who they sell to. Members of the public should recognise the adverse health, economic and social impacts of the illicit trade of tobacco products, including the linkages with human trafficking and organised drug crimes. It is great the committee have revoked the alcohol licence.”