Two Derby shopkeepers have recently been prosecuted after they were found to be selling alcohol in breach of their licences.
Bashdar Kadier of (Midland Convenience Store) pleaded guilty to all four offences including:
- Knowingly allowing a licensable activity to be carried out otherwise than under and in accordance with an authorisation issued under the Licencing Act 2003 on two separate occasions. (This means that the shop was selling alcohol even though their licence was suspended and selling alcohol stronger than the conditions attached to that licence.)
- Exposing for sale by retail any alcohol in circumstances where the sale by retail on those premises would be an authorised licensable activity on two separate occasions. (As the shop did not have a licence to sell alcohol, they should not have had any on display or for sale.)
Mr Kadier in mitigation stated he did not know there was a condition in his licence not to sell alcoholic products of over 6.5%, and that a new member of staff that had not been trained in the licence conditions served the alcohol. He said that all beer etc. over 6.5% has now been removed and staff have been trained.
He was sentenced to a £400 fine, £40 victim surcharge and court costs of £697.71 – a total of £1137.71
Nicholas Singh Rai (Basrans / Shop Smart) attended court and pleaded guilty to all four offences:
- Knowingly allowed a licensable activity to be carried out otherwise than under and in accordance with an authorisation issued under the Licencing Act 2003 on two separate occasions
- Exposed for sale by retail any alcohol in circumstances where the sale by retail on those premises would be an authorised licensable activity on two separate occasions.
In mitigation Mr Rai said the reason the invoice was not paid was because of an “administrative error” and it was in a pile of invoices which needed to be paid but his focus was on selling the business. He said he paid the invoice on 29 August 2018 and the business has now been sold.
He was sentenced to an £80 fine, £30 victim surcharge and ordered to pay costs of £819.17
Councillor Mick Barker, Cabinet Member for Governance and Licensing commented:
“Licensing laws are in place to protect consumers. Any traders in Derby who are selling alcohol in breach of these laws can expect to have action taken against them.”