Council punishes landlord who sold fake booze

The former landlord of the Dog & Partridge, Bamford, has been found guilty and fined almost £4000 for substituting premium brand spirits for cheap booze as the result of three day trial.

Mohammed Umar Nazir, 30, appeared at Manchester Crown Court on 19, 20 and 21 April 2011 on charges relating to falsely describing a non-genuine spirit as Smirnoff Vodka.

Officers from Rochdale Borough Council’s trading standards team identified the acts of fraud as part of a number of inspections held back on 31 March 2009. Three bottles of Smirnoff Vodka displayed on the ‘optics’ when tested revealed they actually contained a non-genuine spirit. Decanting non-genuine spirits into premium branded bottles and selling the spirit at premium prices breaches the Food Safety Act 1990. Customers are often unaware of the fraud due to the fact that such drinks are nearly always sold with a ‘mixer’.

Mr Nazir, the sole Director of Rima Leisure Limited that owned the public house on Bury Road at the time, failed to co-operate with the investigation carried out by the council’s trading standards team. On numerous occasions he was asked to submit himself for interview, and to produce staff training records and procedures, but there was no response.

Originally appearing at Rochdale Magistrates on 19 May 2010 Mr Nazir requested that his case be heard before a jury at the Crown Court.

So, at Manchester Crown Court this month, Nazir pleaded ‘not guilty’ to three charges of falsely describing food due to neglecting his management responsibilities as Company Director, contrary to the Food Safety Act 1990.

Under cross-examination by Mr Fauz Khan for the Prosecution, Mr Nazir admitted undertaking no staff training whatsoever, and having no procedures in place to prevent empty bottles on the ‘optics’ being re-filled with non-genuine spirits. The jury returned a unanimous verdict of ‘guilty’ on all three charges. He was ordered to pay a fine totalling £750, and prosecution costs of £3000.

His Honour Judge Philip Cattan in passing sentence said to Mr Nazir: “You have brought a lot of that upon yourself”.

Andy Glover, Public Protection Manager at Rochdale Borough Council, added: “Spirit substitution is a means of deceiving consumers into paying over the odds for a cheaper product. This verdict shows that the council and courts take the matter very seriously. Traders engaging in product substitution can expect to face legal action”.

Offences relating to the Food Safety Act 1990 carry the maximum sentence for which is 2 years imprisonment and/or an unlimited fine.