Licence endorsed for selling alcohol to boys under 18

Hamish Hutchinson • Published 9 Feb 2012 08:00

A SHOPKEEPER who sold alcohol to underage teenagers has had his licence endorsed.

Mohammed Sarwar had the offence marked on his personal drinks licence at Thursday's Licensing Board.

Councillors found he breached licensing objectives which included preventing crime and disorder and protecting children from harm.

It followed a premises licence review held in December in which councillors heard evidence that Sarwar had sold cider to a 17-year-old boy at his Premier shop.

The board heard that Mr Sarwar had since sold the premises in East Main Street, Menstrie.

Convener Kenny Earle said, "The supply of alcohol to minors is something the licensing board must and will take seriously. I realise the business has been sold but we are here looking at your personal licence. As with a driving offence, if you step out of line the licence is endorsed, so it is with this licence."

The board heard previously from Superintendent Alan Douglas that on the afternoon of Sunday 18 September 2011, a 17-year-old boy had entered Premier with his 15-year-old friend and purchased two cans of Strongbow cider.

He said, "Mohammed Sarwar who was behind the counter asked the 17-year-old youth for identification. The 17-year-old produced a provisional driver's licence which he handed over to Mohammed Sarwar, who it is believed checked the photograph against the 17-year-old. He handed back the drivers licence but did not request any identification from the 15-year-old."

Police learned of the incident when officers attended an address in Menstrie on 19 September regarding a complaint.

The older youth, who turned 17 just a month before, claimed he used his provisional drivers licence to buy the alcohol.

Mr Douglas continued, "Mr Sarwar insisted that he had checked one of the youth's identification which had a date of birth that would have allegedly made the youth 18 years of age a few weeks before."

Licensing officer Paul Fair said on inspecting the premises he found a Refusal Register which logs all instances where customers are refused alcohol sales. However he found that the register was only kept up to date when another staff worker was in and that Mr Sarwar's signature was not in it.

Mr Fair said, "Although there seems to be a policy and system in place to prevent the illegal sale of alcohol at the premises, this policy is rendered ineffective by the licensee's own apparent reluctance to apply this policy to his own personal sales. This is reflected in the refusal register."

Sarwar gave no evidence at the hearing. His solicitor Brian Allison objected to the hearing on the grounds it could prejudice his up-coming court case in relation to the offence.

This was dismissed by the board due to its own separate legal standing under the Licensing Scotland Act 2005. The board's depute clerk advised that the civil evidence would not be binding in the criminal court.

The board found that Mr Sarwar had breached the conditions of a premises licence.

A written warning was issued to Mr Sarwar with several conditions attached, including the installation of a CCTV system and the proper use of a refusal book.

At Thursday's meeting Mr Allison said, "I urge the board to take the view that the actions of a written warning and various requirements should be sufficient to address the concerns the board previously had.

"He has sold the business and the premises licence is held by another individual."

Despite his plea, the board endorsed Mr Sarwar's personal licence.

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This article appeared in Alloa & Hillfoots Advertiser 08 Feb 12

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