Walsall shopkeeper’s regret after selling illicit cigarettes fails to save licence   

A Walsall shopkeeper’s regret and remorse at selling dangerous fake cigarettes was “too little too late” to save his licence.

Shamim Khan, who owns News & Booze in Ablewell Street, begged Walsall Council licensing chiefs for another chance at a hearing on Wednesday (February 3).

But committee members heard how illicit cigarettes were sold at the shop on four different occasions in 2019 and 2020 and failed to take heed of warnings about possible ramifications of his actions and decided to revoke his licence.

The application for a licence review was called by Walsall Trading Standards and backed by West Midlands Police, West Midlands Fire Service and the town’s public health teams.

As well as failing to uphold the licensing objective of preventing crime and disorder, they raised serious concerns about the impact on the health and safety of the public.

After receiving complaints from the public, Trading Standards officers visited the shop in August 2019 and discovered 10 packets of Gold Classic cigarettes, known as ‘cheap whites’, in a microwave.

Khan, who has run the shop since 1999 without incident, insisted they were for his own use but the cigarettes were seized as officers believed they were on sale to the public.

Three test purchases in 2020 saw a ‘customer’ buying packs of 20 fake cigarettes for either £3 or £5 – less than half the legal retail price.

He said customers had noticed his cigarette packets and pushed him to start selling them and, after initially refusing, he relented.

In a last ditch plea to committee, he said: “I’m sorry. I’d like to ask for another chance. I will never do anything like this again.

“I’ve been running the business for over 20 years and never had any problems with police or Trading Standards until this and it will never happen again.”

Masawar Iqbal, defending, admitted his client had been “foolish” by starting to sell counterfeit cigarettes which he had initially started buying for his own use.

He added Khan had learned his lesson and the loss of the licence would have a huge negative impact on the business which he relied on for supporting his family.

Iqbal said: “I think revocation would be very harsh to consider to do for someone like Mr Khan. The licence needed to be reviewed but I don’t think he should be punished severely.

“He has been foolish in the past but can say that this is a huge learning curve for him and should be given another opportunity to prove he can continue being the law-abiding citizen he has been for many years prior to this.”

But Walsall Council solicitor Paul Green said: “It is apparent that Mr Khan is now deeply remorseful for his actions.

“The committee however feel that this is too little too late and are of the view that Mr Khan has demonstrated a flagrant disregard of his responsibilities.

“Evidence has been put forward and accepted by Mr Khan that he was warned both orally and in writing concerning the selling of illegal cigarettes and what the possible ramifications of his actions could be.

“Despite this, on four separate occasions, test purchases were undertaken where Mr Khan failed to undertake the licensing objectives and to demonstrate that he is a fit and proper person to continue holding a licence.”