Bath Street Off Licence refused over possible illegal future activities

Fears that “illegal activity may continue into the future” have led to councillors refusing permission for a Derbyshire town centre off-licence to sell alcohol.

Local Democracy Reporter Eddie Bisknell reported that, at an Erewash Borough Council meeting on Thursday 29th May, councillors refused permission for Gagandeep Singh to sell alcohol from the Ilkeston Store off-licence at 15 Bath Street, Ilkeston.

This follows Carolyn Singleton, the council’s licensing manager, finding the shop selling alcohol without a premises licence when she was walking home from work in April.

It also includes Derbyshire police and Derbyshire County Council’s trading standards teams raising concerns over “further criminality” continuing, with the store owner having been caught selling a vape to an underage child during a test purchase operation.

Meanwhile, illicit tobacco was found under the till, alcoholic spirits were found in the rear of the store and further alcohol – 50 cans of beer – were found in a van to the back of the shop.

All of this activity, which qualify as several different crimes, occurred after Ms Singleton spotted the shop selling alcohol without a licence – which is also a crime.

The licensing hearing was told that as this was the first time the shop had been brought to the attention of the trading standards team, it was not pursuing prosecution but would likely issue a warning letter.

Police officials said the sale of illicit tobacco was often linked to organised crime and human trafficking and feared the shop risked bringing down the reputation of law-abiding shops in the area.

Mr Singh told the hearing that he apologised for not applying for a premises licence and admitted that he should have known to apply for one.

PC Jacob Callow, a police licensing officer, claimed Mr Singh had a “disregard” for the licensing objectives – to prevent crime, disorder and harm of children – and committed “deeply irresponsible business practices”.

He said there was “no consideration to the local community and other businesses” and that police had “lost faith in Mr Singh’s ability and commitment to uphold the licensing objectives”.

Owen Rees, a trading standards officer, said that during the test purchase trial Mr Singh had tried to upsell the underage child from a vape to three vapes for £10.

He claimed there was no request for ID or to check the age of the child.

Mr Rees said one pack of illicit cigarettes and six 50g packs of illicit hand rolling tobacco were found behind the till.

He said the potential sale of these illicit items “undermines legitimate businesses in the area”.

Mr Rees said: “Because of the nature of other matters raised by the police (alongside those found by trading standards) it could suggest that the premises could continue the sale of illicit tobacco or could be a front for organised crime gangs, as it has similar features of that.”

Mr Singh, 34, who moved to Ilkeston a month ago from Birmingham after seeing the shop unit for sale, told the hearing: “The tobacco was for personal use, not for selling. There are 10-15 shops in Derby that are selling it on the counter and they are not doing anything about that. I did not sell this to anyone. There are 20 shops around here selling them.”

“Dad said we had a licence but that was a personal licence only. I had no idea about the process.

“I do apologise for that, I should have known that we need two licences (personal and premises). I do apologise and there is no more I can say.

“I made a mistake.”

He then claimed there were 30-40 shops in the area selling illicit tobacco.

Cllr Pam Phillips, reading out the licensing panel’s decision, said: “There are no suitable conditions that would alleviate the problems concerned. The applicant has not detailed considerable steps to prevent crime and disorder and protect children from harm.

“The evidence from the licensing officials is that illegal activities were carried out prior to the license application being made and there is a real risk that if a licence was granted, children may be at harm from the sale of alcohol or tobacco products and that illegal activity would continue into the future.”

Mr Singh told the Local Democracy Reporting Service that he would submit an appeal and would keep the shop open – without selling alcohol – in the meantime, while considering a change of trade to become an Indian supermarket.

He said: “I am very, very disappointed. It is really unfair. This would be quite a hit (if we can’t sell alcohol). It is all about the investment.”