Farnworth off-licence loses licence over illicit tobacco

Farnworth Mini Market was one of a number of sites to be targeted by Operation Avro when it returned to the area on May 16 of last year.

The licensee, Bashir Khalil, was not in attendance at the off-licence on Higher Market Street but the supervisor, Javad Ghorbanzadeh-Asli, was present. Mr Ghorbanzadeh-Asli told police and Trading Standards he was only an assistant.

Meanwhile, a search revealed there was illicit tobacco on the premises, some of which was stored in a carrier bag within one of the ceiling panels, as well as what looked like a golf club which was thought to be used to access these ceiling panels.

Overall more than a kilogram of this illicit tobacco was seized as well as 92 packs of illegal cigarettes and 162 illegal e-cigarettes.

A licensing committee of councillors Sean Fielding, Debbie Newall and Andrea Taylor-Burke considered the case at the town hall this week.

A report said: "The products seized were not in plain packaging and there was foreign writing on some of them. It would be apparent to someone the products were not legal for sale in the UK. 

"Also the fact the products seized were concealed in the ceiling shows it was well known the items were illicit tobacco. One of the licensing objectives is the prevention of crime and disorder. A business which is supplying illicit tobacco is committing criminal offences and cannot be said to be complying with this licensing objective."

On behalf of Mr Khalil, solicitor Andrea Forrest said he was not aware of the illicit tobacco at the shop. He said Mr Ghorbanzadeh-Asli was responsible for it and was no longer working for him.

Ms Forrest added although there was illicit tobacco at the shop there was no evidence it was for sale and appealed for changes to the conditions on the licence rather than the loss of the licence.

She said: "My client had no knowledge these products were stored at the premises as he worked in the evenings and none of these products were visible in the evenings. 

"Since discovering the DPS [Designated Premises Supervisor] appears to be responsible [Mr Ghorbanzadeh-Asli] is not working in the store. He is not happy with him."

After Cllr Taylor-Burke, Cllr Newall and Cllr Fielding considered the case they determined on the loss of the licence.

Farnworth Mini Market can no longer sell alcohol, although it can sell tobacco, because this is not a licensable activity.

Mr Khalil has three weeks in which to appeal. Mr Ghorbanzadeh-Asli was not at the town hall.

This article was written by Jack Tooth. To contact him, email jack.tooth@newsquest.co.uk or follow @JTRTooth on Twitter.