Illegal vapes, nitrous oxide canisters found inside Erdington shop

Authorities have called for the licence of an Erdington shop to be revoked after hundreds of illegal vapes and nitrous oxide canisters were found inside. Diamond Food and Wine on Tyburn Road, Erdington, was the subject of a Birmingham City Council licensing hearing yesterday (August 29).

City chiefs listened to a series of critical statements from West Midlands Police, Trading Standards and Licensing Enforcement that all called for the licence at Diamond Food and Wine to be revoked. The authorities also asked for the removal of Nuri Bay as the designated premises supervisor.

In response, a series of new conditions were suggested by the store including new training for staff and the removal of alcohol from its stock. It asked the council to modify the licence rather than fully revoke it.

During a raid in February 2023, Trading Standards officers found over 600 illegal e-cigs and vapes in the shop’s stockroom, eleven boxes of nitrous oxide ‘bomblets’, a larger ‘catering-size’ laughing gas container and hundreds of packs of children’s balloons. Over 300 packets of illegal tobacco products were also found under the counter.

A ‘raft’ of complaints about the shop dating back to August 2022 led to the February raid, during which all illicit items were confiscated. Since then, Trading Standards officer Paul Ellson said there have been a further five complaints relating to the alleged sale of illegal tobacco, nitrous oxide and age-restricted products.

At the hearing today, Mahir Kilic, a representative of Diamond Food and Wine, said: “If you allow the premises to operate, you can be assured that the licence holder will be able to comply with the conditions that have been proposed today.”

Mark Swallow from West Midlands Police replied: “What we’ve seen up to this point is the wholesale ignoring of the law and licensing objectives by this premises. The suggestion of further conditions does not seem to be an answer to this problem.

“History would suggest to us that they simply wouldn’t be followed as they haven’t been followed up to now. It’s clear that Mr Bay has failed to follow the law and promote the licensing objectives, putting profit above safety.”

Licensing Enforcement officer Christina McCullough said: “No matter how many conditions you put on a licence, it would not solve the problem that these premises have proved that they are not capable of complying with conditions.

“I don’t think modification of the licence would work. I would ask that the licence be revoked and the designated premises supervisor be removed.”

And Mr Ellson from Trading Standards added: “I have spent a long time attempting to get this premises to comply. We’ve had a raft of complaints and continue to have those complaints.

“The action taken by the seizure doesn’t seem to have affected him at all. He (Mr Bay) seems to be lured by profit and that’s the only motive I can envision for totally ignoring the law.” Councillors will now discuss the case in private and publish their decision within five working days.