Court backs alcohol licence being revoked for Melton store

European Market Melton Limited, based on Thorpe End, appealed to Leicester Magistrates’ Court but its legal representative withdrew the action shortly before the case was due to be heard.

The magistrates decided the licensee should pay the council’s full costs, which amounted to £9,878.75.

Councillor Alison Freer-Jones, the cabinet member for climate, access and engagement and responsible for regulatory services, said: “The council has identified this area as a priority and invested in its enforcement team.

“I am proud of the work undertaken by our licensing and legal teams in conjunction with the Leicestershire Trading Standards Service.

“This case demonstrates the council’s commitment to partnership working to ensure the highest standards are maintained in Melton.

“We will not tolerate this sort of disregard for the law.

“We will always be vigilant of such matters and we will continue to robustly defend properly made decisions against challenges of this nature in the future on behalf of the people of Melton.”

The borough council’s licensing Sub-Committee sat on October 30 last year to hear a review application made by trading standards following the seizure of a large amount of smuggled alcohol.

This was the second review application received for the same business, which raised concerns about the licensee’s ability to uphold the licensing objectives.

After hearing representations from all parties including the licensee, the committee took the decision to revoke the licence.

The licensee subsequently lodged an appeal with the magistrates’ court which the council contested.

The appellant challenged the decision on the grounds that the council’s decision was wrong but they failed to particularise how it was wrong.

After a number of adjournments and on the day of the final hearing the appellant’s representative, Victoria Cartmell, of Forrest Solicitors, withdrew the appeal.

The council pursued its full costs to cover the legal and other fees incurred by the officers in contesting the appeal and this was not challenged by the licensee or the sole director or the company, Jasim Abdulla Amin.

Councilor Pru Chandler, chair of the borough council’s licensing sub-committee, said: “This is a welcome decision, which provides us with assurance that the licensing sub-committee did discharge its duties correctly.

“The sub-committee, in carrying out its licensing functions, has a wide discretion but public safety is paramount.

“Throughout this appeal the council has maintained its decision was properly made.

“It is disappointing that it took the Appellant until the day of the trial to withdraw his appeal but it is right that the public should not become liable to pay the costs so I am grateful that the Court awarded full costs to the council.”