August 9, 2022 3.19 pm This story is over 27 months old

Court delays postpone Boston shop licensing decision

Council had not been contacted by court in time

A review into the licence for a shop whose owner was found to be involved in the sale and supply of illicit cigarettes and vaping products has been postponed due to court delays.

Bryar Ismael was due to appear before Boston Borough Council’s Licensing Committee on Monday to review his licence after a court hearing in July ordered him to close Tatry Store, in West Street, for three months.

It followed a series of test purchases and a subsequent raid by Lincolnshire Trading Standards between March and May which found illegal cigarettes being sold.

Ismael was also asked to pay £826 costs.

However, a council spokesman has since confirmed the hearing did not take place because the council was still awaiting notification from the court.

The hearing was cancelled as the court didn’t contact us with their decision,” they said.

“The hearing was only provisional, once we do have a decision come through we will have 10 days to hold a hearing.

“The courts are being chased for this.

Tatry Store on West Street faces a license review on Monday. | Image: Google Streetview

The raid by Trading Standards found an electric hide and seized a bag containing illegal cigarettes, tobacco and vapes.

Officers had to demolish an entire false wall and a concealment mechanism to get the hide out.

The haul was found behind a fake wall. | Image: Lincolnshire Trading Standards

During the hearing in July, the court was told by Mr Ismael’s defence that the stock was left over from the previous tenant and that his client – who had only taken on the shop in March – did not believe they were illegal.

However, Prosecutor Andrew Goldsborough felt Mr Ismael was engaged in or was likely to engage in criminal activity without the closure order.

The wall hid a hydraulic system. | Image: Lincolnshire Trading Standards

The stash the officers found. | Image: Lincolnshire Trading Standards

The council review was due to be held behind closed doors due being an exempt report under the Local Government Act.

This meant there would be information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime within the report.