Dismay over action on store that ‘sold to children’
ADECISION by a West Lancashire council committee allowing an Ormskirk shop to keep selling drink, tobacco and e-cigarettes, despite being accused of selling tobacco to underage children, has dismayed a councillor on the cabinet.
Labour Cllr Gareth Dowling, who has cabinet communities and community safety responsibilities, said he is appalled at the recent decision by the Licensing & Gambling subcommittee to allow Ormskirk Superstore on Aughton Street to keep selling age-restricted goods. He is now exploring further options to take action.
The licensing sub-committee added four extra conditions to the shop’s activities at a recent review, covering extra training, shop management, contact details and recordkeeping.
The Aughton Street shop was accused of selling goods to under-age children including vaping products to youngsters in school uniform. Other complaints included it displaying cannabis images and paraphernalia; selling cheap illegal tobacco under the counter and cheap cigarettes.
Various objections had been raised by residents, and officials. Issues included protecting children’s health, the impact of counterfeit tobacco sales on other shops, lost tax revenue and wider potential links between counterfeit tobacco and organised crime.
Shop owner Farhad Salehi said ‘accidents’ and mistakes had happened while he was away visiting his unwell mother last year. Other staff were responsible for the breaches, he said.
He thanked councillors on the sub-committee for not taking away his license and said he had worked hard over years to build-up the business.
However, in response to the decision, Cllr Dowling said: “I put a lot of time and effort in to responding to residents’ concerns about the blatant selling to those underage and the shop’s clear disregard and lack of remorse when repeatedly warned about their behaviour.
“Working closely with Lancashire County Council’s trading standards officers and the police, the decision was made to bring the shop before West Lancashire Borough Council for a licence review.
“At the recent hearing, the sheer number of breaches were outlined by the trading standards officer, to which the shop owner had no response other than to blame his staff and that one girl ‘didn’t look 14’, despite a requirement to check people who look under 25.
“For me, this showed a clear lack of understanding for the most basic of principles in protecting young people.”
Cllr Dowling said a trading standards officer’s report had clearly encouraged the subcommittee to consider revoking the shop’s premises licence.
He added: “At the hearing, I called on the three-member committee to, at the very least, consider stopping the shop from selling age-restricted products, given their disastrous track record.
“So I was shocked and appalled by the committee’s decision to give the shop a simple ‘slap on the wrist’, in advising the shop to undertake training. Surely this is something that should have been done when they first opened, or during the nearly-nine months of visits and breaches?
Cllr Dowling added: “I have already requested from the borough solicitor what avenue of appeal there is, because this decision is plainly wrong and does nothing to protect residents or young people of Ormskirk or West Lancashire. Sadly, the committee has given the green light to traders to do whatever they like.
“The council had an opportunity to show its teeth here.
“Even a temporary suspension or revocation could have been handed down to reflect the seriousness of the incidents and send a clear message. But the committee has chosen not to do anything of actual note.”
However, a West Lancashire
Borough Council spokesperson said: “The sub-committee’s decisions was made in accordance with the Licensing Act 2003, which only controls the sale of alcohol, not tobacco or tobacco-related products.
“The power to stop the shop selling tobacco lies with Lancashire County Council trading standards. At the time of the hearing, trading standards colleagues indicated their enquiries were continuing.
“The sub-committee fully took into account the evidence presented to it from the premises licence holder, county council trading standard officers and the ward councillor, Gareth Dowling, when making its decision. The reasoned decision has been provided to all parties.”
In this case, the sub-committee objectives were the prevention of crime and disorder and ‘protection of children from harm’. It imposed the following additional conditions to the Ormskirk Superstore’s licence:
Whenever licensable activities are taking place, at least one member of staff present must hold a personal licence.
All staff, including the designated premises supervisor (DPS) must undertake ‘Challenge 25 ‘refresher training at least every six months.
The details must be recorded in a manual and disclosed to any local authority on request.
All people including the DPS involved in the sale of licensable products shall undertake the county council’s Check 25 online training (whilst available).
A notice must be displayed in the shop, with details of all people authorised to sell alcohol including their name, address and up-to-date contact number.