A Birmingham supermarket is currently not being allowed to sell alcohol after a complaint which alleged it sold alcohol and single cigarettes to a child.
The licence to serve alcohol at AK Supermarket in Ward End, also known as A&A Supermarket, has been surrendered as West Midlands Police say they have “no confidence” in the licence holder.
Police objected to the application for a member of staff to become both the Designated Premises Supervisor (DPS) and the premises licence holder following breaches of licensing objectives.
A Birmingham City Council licensing committee met on Monday morning to discuss the application for a member of staff to become the DPS, a role that every shop must have in order to sell alcohol, but the shop’s licence was surrendered on the morning of the meeting. The meeting still went ahead as the shop’s licence can be reinstated within 28 days.
Mark Swallow of the West Midlands Police Licensing Team said: “Since the licence was granted, there have been numerous systematic breaches of the premises licence which has resulted in the premises now being subjected to a review process. West Midlands Police have no confidence in the applicant that he will promote the licensing objectives as he has shown his total inability to do so up to this point.
“There are clear risks with a premises licence holder and DPS being one person and there are no checks and balances within that system. This applicant has shown that he is totally unsuitable to have control of the premises licence to sell alcohol.”
Police said a complaint had alleged the shop had sold alcohol and cigarettes to a minor, which was then followed up by a test purchase of alcohol when it was discovered there was no DPS listed for the premises.
Mr Swallow continued by saying that the applicant from AK Supermarket has “shown no regard” for the licensing objectives and “hasn’t followed the law”.
Robert Edge attended the meeting on behalf of AK Supermarket and said: “Although Mr Swallow mentions the premises licence holder is also the DPS, this is not unusual and is permitted within the licensing act. It may not be something that police are always particularly happy about, but it doesn’t mean there is anything wrong, particularly in a one-man-band outfit when they can’t afford to employ a manager as a DPS.
“Secondly, I’d say that for the alleged offences, evidence must be produced, so to say that there are alleged offences would really need to be backed up by test purchases on children or CCTV evidence.”
Mr Edge also said that the applicant had apologised and realised the seriousness of this case, which is why he surrendered the licence. He has no intention of transferring the licence within the 28-day period. The council heard there was “no malice” in what he’d done and “wasn’t aware” that another DPS licence was needed on top of the premises licence.
