The Licensing Sub-Committee convened to review the premises licence for Nick Market, and ultimately decided to revoke the licence due to persistent breaches of licensing objectives related to crime and disorder. The review was prompted by the discovery of smuggled goods on the premises, including non-duty paid cigarettes, hand-rolling tobacco, and non-compliant vape products. The committee determined that the premises had been used for persistent criminal conduct and that the licence holder had failed to take adequate remedial action.

Nick Market Licence Review

The sub-committee considered an application to review the premises licence for Nick Market, 809 High Road under section 51 of the Licensing Act 2003. The application for review was submitted by Mr Steven Taiwo, a Senior Trading Standards officer, on behalf of the London Borough of Barnet Trading Standards authority. The grounds for the review were based on the prevention of crime and disorder, stemming from the discovery of smuggled goods at the premises.

Mr Taiwo's application stated that during a Trading Standards inspection on 17 July 2025, a substantial quantity of illegal tobacco products and vapes were discovered. This included non-duty paid cigarettes, hand-rolling tobacco, and non-compliant vape products. The application highlighted a history of non-compliance at Nick Market, including a test purchase on 3 February 2022, where a Polish Marlboro cigarette was sold to an undercover officer.

The sub-committee also took into account a representation from the Metropolitan Police, which supported the review application. The police cited concerns about the premises, including reports of known shoplifters frequenting the location and breaches of licence conditions identified during an inspection on 17 September 2025. These breaches included the staff's inability to operate the CCTV system, failure to maintain a refusal/incident log, the absence of notices reminding customers to leave quietly, and the sale of beer, lager and cider with an alcohol by volume (ABV) content above 6.5%.

The Senior Licensing Officer, Elisabeth Hammond, reiterated the concerns raised, stating that the Licensing Authority considered the issues to be serious and directly relevant to the responsibilities of a licensed premises. She emphasised that the continued sale of illicit products and failure to comply with licence conditions demonstrated a blatant disregard for the licensing regime.

Mr Karl Shultz, Trading Standards Team Leader, summarised the events leading up to the joint inspection with the Metropolitan Police on 17 July 2025, including a test purchase on 10 June 2025, where non-compliant cigarettes were purchased. He stated that the sale of smuggled goods breached several regulations, including the Tobacco and Related Products Regulations 2016, the Standardised Packaging of Tobacco Products Regulations 2015, the Environmental Protection (Single-use Vapes) (England) Regulations 2024 and section 144 of the Licensing Act 2003 – Smuggled Goods.

The premises licence holder, Mr Hossein Fathi, stated that he was unaware of any breaches and claimed that the cigarettes were for personal use and for family members, purchased from individuals and family members who had bought them at the airport. He apologised for failing to mark a box of non-compliant vapes as 'not for sale'.

Councillor Tony Vourou questioned the Applicant's Representative about the suspicion surrounding Mr Fathi's vehicle during the inspection on 17 July 2025. The Applicant's Representative explained that the vehicle was parked at the back of the premises, a common practice in cases involving smuggled goods.

Councillor Lachhya Gurung questioned Mr Fathi about the large quantity of cigarettes seized, noting the restrictions on bringing goods into the UK for personal use. Mr Fathi responded that he purchased the duty-free cigarettes and tobacco from several family members, friends and acquaintances who had returned from their holidays.

Ultimately, the sub-committee resolved to revoke the licence for Nick Market. The decision was based on the persistent nature of the unlawful activity, the failure to comply with licence conditions, and the need to prevent further crime and disorder. The sub-committee referenced the Statutory Guidance, which states that revocation should be seriously considered where the crime prevention objective is being undermined through the premises being used to further crimes.

The minutes record that the sub-committee:

considered the representations received from the parties and allegations that the Premises Licence Holder was selling non-duty paid cigarettes, hand-rolling tobacco, and non-compliant vape products. The Sub-Committee heard the Premises Licence Holder's submission that this was for his own personal use, however, in view of the manner in which the goods were stored, the quantity found during the inspection and the respective test purchases and previous incidents demonstrating that the Premises Licence Holder was selling imported goods, the Sub-Committee was inclined to believe the Applicant's submissions.

The sub-committee also considered breaches of licence conditions identified during the Metropolitan Police's inspection on 17 September 2025, including issues with the CCTV system, the lack of a refusal/incident register, and the sale of alcohol with an ABV above 6.5%.

The sub-committee concluded that the premises were trading irresponsibly and that tough action was required. They determined that modifications to the licence conditions would not be sufficient, given the licence holder's failure to uphold the licensing objectives.