Store with history of selling illicit cigarettes and nitrous oxide refused alcohol licence

An off-licence with history of selling hundreds of nitrous oxide canisters and illicit cigarettes has been refused permission to sell alcohol.

Tameside’s licensing panel rejected an application from Acre Street Mini Market in Denton for a new premises licence in the name of Shabana Kousar after councillors said they had ‘no confidence’ that there would not be future incidents.

The shop on Acre Street had previously been allowed to sell alcohol by the authority but lost its licence, which was then held by Murtza Hussain, in 2017 following a raid by council and GMP officers.

During the visit police and town hall staff found a ‘large quantity’ of illicit tobacco and 600 nitrous oxide gas canisters in the store.

This had followed a previous seizure of 54 bottles of vodka, more than 250 ‘legal highs’ and two BB guns in 2015.

Despite losing its licence, the shop continued to sell alcohol throughout 2018 on the grounds it had submitted an appeal to a magistrates court.

In the years since, the council’s trading standards department continued to field complaints that the shop was selling single cigarettes and illicit tobacco, and making underage sales.

A further two raids took place in March 2019 and March 2020 where illicit tobacco was seized, and more nitrous oxide was found in the 2019 visit.

And in June of this year a test purchaser – who is a former police officer – bought 20 Richmond cigarettes for £6 which were sold  by a woman at the shop who obtained them from a back room.

The hearing was told that only Hussain and his wife Shabana Kousar worked at the shop.

However Kousar told councillors she did not sell any illicit tobacco and was not aware of the test purchase in the summer.

In response PC Martin Thorley said: “I find it very concerning that you don’t have any recollection of making this sale.”

Anthony Horne, a licensing lawyer representing Kousar said that the shop had a ‘history’ but things had ‘vastly improved’.

He said it was up to the panel to decide whether Kousar and Hussain had ‘redeemed themselves’.

“My clients are asking you to trust them and to grant the licence based on the fact that things have vastly improved since they were lost the licence back in 2017,” he said.

“There’s no reason why moving forward things cannot be as they ought to be.”

He also told the panel that the couple had lodged an appeal against the original revocation of the licence at Stockport Magistrates Court, but were incorrectly told it needed to be lodged at Tameside Magistrates instead.

Kousar said: “I am willing to take the responsibility, I am willing to work hard. And that’s all I truly honestly want, I am not giving any form of responsibility to my husband.”

She had received supported for her application including a petition signed by local residents backing the return of its alcohol licence.

A neighbouring resident spoke at the meeting to back Kousar, saying the shop was a ‘fantastic community resource’ and the couple had supported elderly people with food parcels during the pandemic.

However the panel said that in making their decision to refuse a licence, they had regard to the fact that a high school is located close to the premises and there was a risk of underage sales to children.

Councillor Dolores Lewis said: “There is concern in relation to a number of reports that have been received since May 2018 in relation to illicit tobacco and alcohol on the premises, together with reports of nitrous oxide being sold on the premises.

“Furthermore the panel was concerned that Ms Kousar had denied being involved in the illicit tobacco in June 2021 having told the panel that she is the only female who works in the shop.

“On balance having carefully considered all the available information, the panel has concluded that it has no confidence that the licensing objectives will be upheld.”

The applicant has the option to appeal the panel’s decision in court.