Birmingham City Council s3

BIRMINGHAM CITY COUNCIL

REPORT OF THE DIRECTOR OF REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE

15 JANUARY 2014 ALL WARDS

PROSECUTIONS AND CAUTIONS – NOVEMBER 2013

1. Summary

1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the month of November 2013.

2. Recommendation

2.1 That the report be noted.

Contact Officer: Jacqui Kennedy, Director of Regulation and Enforcement Telephone: 0121 303 6121 E-Mail: [email protected]

Ref: LPPC/3039 1 10/12/2013 3. Results

3.1 During the months of November 2013:

. Six licensing cases resulted in fines of £1,835 and prosecution costs of £3,465 were awarded. 14 penalty points were imposed along with a 6 months conditional discharge. Disqualifications of 6 months and 7 days were imposed. 13 simple cautions were administered as set out in Appendix 1. . 53 Environmental Health cases resulted in fines of £20,875 and prosecution costs of £11,503 were awarded. No simple cautions were administered as set out in Appendix 2. . Five Trading Standards cases resulted in fines of £51,700 and a total of 2 years imprisonment and 8 months suspended sentences. 420 hours of unpaid work was also imposed. Prosecution costs of £37,858 were awarded. Three simple cautions were administered as set out in Appendix 3.

4. Consultation

4.1 The Enforcement Policy that underpins the work identified in this report is approved by your Committee. The policy reflects the views of the public and business in terms of the regulation duties of the Council. Any enforcement action[s] taken as a result of the contents of this report are subject to that Enforcement Policy.

5. Implications for Resources

5.1 Costs incurred in investigating and preparing prosecutions, including officers’ time, the professional fees of expert witnesses etc. are recorded as prosecution costs. Arrangements have been made with the Magistrates Court for any costs awarded to be reimbursed to the City Council. Monies paid in respect of fines are paid to the Treasury.

5.2 For the year April 2013 to November 2013 the following costs have been requested and awarded:

Licensing £28,372 has been requested with £14,514 being awarded (51%).

Environmental Health £103,486 requested with £93,042 being awarded (90%).

Trading Standards £145,832 requested with £131,612 being awarded (90%).

Ref: LPPC/3039 2 10/12/2013 5.3 For the month of November 2013 the following costs have been requested and awarded in the sum of:

Licensing £5,344 has been requested with £3,465 being awarded (65%).

Environmental Health £12,624 has been requested with £11,503 being awarded (91%).

Trading Standards £44,838 has been requested with £37,858 being awarded (84%).

6. Implications for Policy Priorities

6.1 The contents of this report contribute to the priority action of ensuring business compliance with legislation to protect the economic interests of consumers and businesses as contained in the Sustainable Community Strategy identified in the Council Business Plan 2013+.

7. Public Sector Equality Duty

7.1 The actions identified in this report were taken in accordance with the Enforcement Policy of the Licensing and Public Protection Committee which ensures that equality issues have been addressed.

DIRECTOR OF REGULATION AND ENFORCEMENT

Background Papers: Nil

Ref: LPPC/3039 3 10/12/2013 LICENSING CASES APPENDIX 1

Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 1 Ebraz Ahmed 1/11/13 Birmingham Local Government Total £300 £100 Pleaded guilty to three 192 St Saviour’s Road Magistrates (Miscellaneous offences; one of acting as a Alum Rock Court Provisions) Act 1976 (£100 x 3) (£560 private hire driver without a Birmingham & Road Traffic Act requested) licence, one offence of B8 1HA 1988 + 6 penalty knowingly using a vehicle points without a licence and one offence of driving without Already insurance. disqualified from driving. 2 Abid Hussain 12/11/13 Birmingham Local Government £590 x 1st £2,000 Pleaded guilty to six offences; 124 Coleraine Road Magistrates (Miscellaneous offence one offence of acting as a Perry Barr Court Provisions) Act 1976 (£2,900 private hire driver without a Birmingham No separate requested) licence, one offence of B42 1LW penalty for knowingly giving false remaining information, namely recorded offences. information from a computerised booking system, to an officer and one offence of failing to produce records relating to a particular call sign. Three further offences of failing to comply with requests made by officers to produce information relating to private hire drivers and vehicles.

Originally listed for trial.

Ref: LPPC/3039 4 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 3 Mohammed Uddin 14/11/13 Birmingham Town Police Clauses £110 x no £200 Pleaded guilty to two offences; 72 Court Lane Magistrates Act 1847 & Road insurance one of plying for hire on Station Erdington Court Traffic Act 1988 (£355 Approach, Sutton Coldfield and Birmingham Disqualified requested) one offence of consequently B23 5SH from driving having invalid insurance. for 6 months Adjourned for exceptional No separate hardship hearing as Mr Uddin penalty for was a ‘totter’. He failed to plying. attend and therefore he was sentenced in his absence. 4 Nadeem Aslam 15/11/13 Birmingham Local Government Six month £50 Pleaded guilty to one offence of 2 Hillside Road Magistrates (Miscellaneous conditional failing to display a private hire Erdington Court Provisions) Act 1976 discharge (£247 identity plate on the rear of the Birmingham requested) vehicle. B23 7PP 5 Nazakat Ali 21/11/13 Birmingham Road Traffic Act Total £600 £915 Pleaded guilty to five offences; 5 Fairfield Road Magistrates 1988, Local three of driving without Hurst Green Court Government £400 x no (£915 insurance, one offence of Halesowen (Miscellaneous insurance requested) knowingly giving false B62 9HZ Provisions) Act 1976 information to an officer and & Fraud Act 2006 £200 x Fraud one offence of having in his Offence possession an Insurance Certificate for use in connection Disqualified with a Fraud. for 7 days

No separate penalty for remaining offences.

Ref: LPPC/3039 5 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 6 Yasir Majid 21/11/13 Birmingham Town Police Clauses Total £235 £200 Pleaded guilty to two offences; 194 Belchers Lane Magistrates Act 1847 & Road one of plying for hire on Hurst Bordesley Green Court Traffic Act 1988 £85 x plying (£367 Street and one offence of Birmingham requested) consequently having invalid B9 5RY £150 s No insurance. Insurance

+ 8 penalty points.

LICENSING SIMPLE CAUTIONS

During the period of November 2013, 13 simple cautions have been administered.

Local Government (Miscellaneous Provisions) Act 1976 Section 54(2) Five cautions were issued for failing to wear a private hire driver’s badge in a manner as to be plainly and distinctly visible. Section 54(2) & 48(6) One caution was issued for failing to wear a private hire drivers badge in a manner as to be plainly and distinctly visible and failing to display a private hire vehicle licence plate externally. Section 48(6) Two cautions were issued for failing to display a private hire vehicle licence plate. Section 57 Two cautions were issued for knowingly omitting information on licence application forms.

Licensing Act 2003 Section 136(1)(a) Three cautions issued for selling alcohol from a premises without a licence.

Ref: LPPC/3039 6 10/12/2013 ENVIRONMENTAL HEALTH CASES APPENDIX 2

Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 1 Faraidoon Rahmani 1/11/13 Birmingham Environmental £50 None Pleaded guilty to one offence 10 Summer Croft Magistrates Court Protection Act 1990 awarded of dropping a cigarette butt on Newtown Fine to be the pavement in Temple Row, Birmingham discharged (£150 Birmingham. B19 2NT by serving requested) one day in Defendant is an asylum seeker custody. and therefore not allowed to Judge work. deemed custody served by attending Court that morning. 2 Reece Walker 7/11/13 Birmingham Environmental £75 £25 Pleaded guilty to one offence 131 Somerfield Road Magistrates Court Protection Act 1990 of dropping a cigarette butt on Weoley Castle (£150 the pavement in Smallbrook Birmingham requested) Queensway, Birmingham. B29 5NP 3 David Capeling 15/11/13 Birmingham Environmental £200 £150 Found guilty in his absence of 70 Green Hill Road Magistrates Court Protection Act 1990 one offence of dropping a Moseley (£150 cigarette butt on the pavement Birmingham requested) in High Street, Kings Heath. B13 9SS 4 Magdalena Wilk 15/11/13 Birmingham Environmental £200 £170 Found guilty in his absence of 58 Cossington Road Magistrates Court Protection Act 1990 one offence of dropping a Erdington (£170 cigarette butt on the pavement Birmingham requested) in High Street, Erdington. B23 5ET

Ref: LPPC/3039 7 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 5 Dragos Costea 15/11/13 Birmingham Environmental £200 £170 Found guilty in his absence of Flat 35 Abacus Magistrates Court Protection Act 1990 one offence of dropping a Building (£170 cigarette butt on the pavement 1 Warwick Street requested) in New Street, Birmingham. Birmingham B12 0NW 6 Nathan Fisher 15/11/13 Birmingham Environmental £200 £170 Found guilty in his absence of 61 Walsall Street Magistrates Court Protection Act 1990 one offence of dropping a Wolverhampton (£170 cigarette butt on the pavement WV1 3LN requested) in Moor Street Queensway, Birmingham. 7 Martin Winspeare 15/11/13 Birmingham Environmental £200 £170 Found guilty in his absence of 71 Raddlebarn Road Magistrates Court Protection Act 1990 one offence of dropping a Selly Oak (£170 cigarette butt on the pavement Birmingham requested) in Temple Row, Birmingham. B29 7DA 8 Debra Barrett 15/11/13 Birmingham Environmental £200 £195 Found guilty in her absence of 211 Dovedale Road Magistrates Court Protection Act 1990 one offence of dropping a Erdington (£195 cigarette butt on the pavement Birmingham requested) in New Street, Birmingham. B23 5BS 9 Annette Lagley 15/11/13 Birmingham Environmental £200 £195 Found guilty in her absence of 59A Malt Mill Lane Magistrates Court Protection Act 1990 one offence of dropping a Halesowen (£195 cigarette butt on the pavement B62 8JF requested) in Moor Street, Birmingham. 10 Kay Price 15/11/13 Birmingham Environmental £200 £195 Found guilty in her absence of 179 Rectory Road Magistrates Court Protection Act 1990 one offence of dropping a Sutton Coldfield (£195 cigarette butt on the pavement West Midlands requested) in Stephenson Street, B75 7RU Birmingham.

Ref: LPPC/3039 8 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 11 Stacey Astbury 21/11/13 Birmingham Environmental £85 £100 Pleaded guilty to one offence 30 Lilac Avenue Magistrates Court Protection Act 1990 of dropping a cigarette butt on Cannock (£195 the pavement in High Street, WS11 0AP requested) Birmingham. 12 Paul Flood 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 285 Poolfarm Road Magistrates Court Protection Act 1990 one offence of dropping a Acocks Green (£150 cigarette butt on the pavement Birmingham requested) in Warwick Road, Acocks B27 7EU Green. 13 Suhall Kassim Issa 21/11/13 Birmingham Environmental £85 £100 Found guilty in his absence of 67 Vancover Road Magistrates Court Protection Act 1990 dropping a cigarette butt on Leicester (£150 the pavement in Stephenson LE1 3GB requested) Place, Birmingham. 14 Hasan Aslam 21/11/13 Birmingham Environmental £85 £100 Pleaded guilty to one offence 48 Bennetts Road Magistrates Court Protection Act 1990 of dropping a cigarette butt on Washwood Heath (£170 the pavement in Smallbrook Birmingham requested) Queensway, Birmingham. B8 1QH 15 Anthony Parchment 21/11/13 Birmingham Environmental £85 £100 Pleaded guilty to one offence 83 Acton Street Magistrates Court Protection Act 1990 of dropping a cigarette butt on Stoke on Trent (£170 the pavement in Stephenson ST1 6NU requested) Street, Birmingham.

16 Martin Townley 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 2 Wickstead Row Magistrates Court Protection Act 1990 one offence of dropping a Main Road (£150 cigarette butt on the pavement Betley requested) in The Parade, Sutton Crewe Coldfield. CR3 9AB 17 Mitchell Denney 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 27 Coundon Road Magistrates Court Protection Act 1990 one offence of dropping a Coventry (£150 cigarette butt on the pavement CV1 4AR requested) in Hurst Street, Birmingham. Ref: LPPC/3039 9 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 18 Jonathan Thorpe 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of Apartment 31 Magistrates Court Protection Act 1990 one offence of dropping a Arena View (£150 cigarette butt on the pavement 30 Clement Street requested) in New Street, Birmingham. Birmingham, B1 2SL 19 Kathleen Garland 21/11/13 Birmingham Environmental £150 £150 Found guilty in her absence of Flat 27 Magistrates Court Protection Act 1990 one offence of dropping a Ashfield House (£150 cigarette butt on the pavement 34 Brompton Pool requested) in High Street, Birmingham. Road Hall Green Birmingham B28 0SN 20 Nissar Hussain 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 152 Nansen Road Magistrates Court Protection Act 1990 one offence of dropping a Alum Rock (£150 cigarette butt on the pavement Birmingham requested) in Smallbrook Queensway, B8 3JT Birmingham. 21 Stuart Kelly 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 24 Dorset Close Magistrates Court Protection Act 1990 one offence of dropping a Frankley (£150 cigarette butt on the pavement Birmingham requested) in Bristol Road, Northfield. B45 0NL 22 Harriet Crookes 21/11/13 Birmingham Environmental £175 £170 Found guilty in her absence of 66 Beaconfield Road Magistrates Court Protection Act 1990 one offence of dropping a Leicester (£170 cigarette butt on the pavement LE3 0FE requested) in Stephenson Street, Birmingham. 23 Usmaan Saddique 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 33 Fernley Road Magistrates Court Protection Act 1990 one offence of dropping a Sparkhill (£170 cigarette butt on the pavement Birmingham requested) in Stratford Road, Birmingham. B11 3NS Ref: LPPC/3039 10 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 24 Jean-Claude 21/11/13 Birmingham Environmental £80 £60 Pleaded guilty to one offence Nzeyimana Magistrates Court Protection Act 1990 of dropping a cigarette butt on Flat 10 Trinity Court (£170 the pavement in Union Street, Handsworth requested) Birmingham. Birmingham, B6 6AL 25 Caroline Brady 21/11/13 Birmingham Environmental £150 £170 Found guilty in her absence of 14 Acorn Close Magistrates Court Protection Act 1990 one offence of dropping a Stockfield Estate (£170 cigarette butt on the pavement Acocks Green requested) in Moor Street, Birmingham. Birmingham B27 6LD 26 Andrew Thompson 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of 36 Elmstead Avenue Magistrates Court Protection Act 1990 one offence of dropping a Sheldon (£150 cigarette butt on the pavement Birmingham requested) in Colmore Row, Birmingham. B33 0PR 27 Rebecca Wilcox 21/11/13 Birmingham Environmental £150 £170 Found guilty in his absence of 96 Woodnorton Drive Magistrates Court Protection Act 1990 one offence of dropping a Moseley (£170 cigarette butt on the pavement Birmingham requested) in Vicarage Road, Kings B13 8QA Heath. 28 Julie Lordan 21/11/13 Birmingham Environmental £85 £85 Found guilty in her absence of 20 Banners Walk Magistrates Court Protection Act 1990 one offence of dropping a Kingstanding (£170 cigarette butt on the pavement Birmingham requested) in High Street, Birmingham. B44 0TD 29 Matthew James 21/11/13 Birmingham Environmental £150 £150 Found guilty in his absence of George Chamberlain Magistrates Court Protection Act 1990 one offence of dropping a Flat 2 (£170 cigarette butt on the pavement Florence House requested) in Colmore Row, Birmingham. 31-33 Park Road Birmingham B13 8AH Ref: LPPC/3039 11 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 30 Ewa Gieraltowska 29/11/13 Birmingham Environmental £200 £150 Found guilty in her absence of 114 Alexandra Road Magistrates Court Protection Act 1990 one offence of dropping a Acocks Green (£150 cigarette butt on the pavement Birmingham requested) in Warwick Road, Acocks B27 6HB Green. 31 Gee Star 29/11/13 Birmingham Environmental £200 £150 Found guilty in her absence of Flat 2 Magistrates Court Protection Act 1990 one offence of dropping a 225 Hollybank Road (£150 cigarette butt on the pavement Kings Heath requested) in High Street, Kings Heath. Birmingham B13 0QU 32 Daryl Thorp 29/11/13 Birmingham Environmental £200 £150 Found guilty in his absence of 70 Barlow Road Magistrates Court Protection Act 1990 one offence of dropping a Wednesbury (£150 cigarette butt on the pavement WS10 9QB requested) in Newton Street, Birmingham. 33 Andrew Ritchie 29/11/13 Birmingham Environmental £200 £150 Found guilty in his absence of 120 Tynemouth Magistrates Court Protection Act 1990 one offence of dropping a Road (£150 cigarette butt on the pavement Newcastle requested) in The Parade, Sutton NE30 1EF Coldfield. 34 Jonathan Connolly 29/11/13 Birmingham Environmental £135 £165 Pleaded guilty to one offence 9 Halfpenny Field Magistrates Court Protection Act 1990 of dropping a cigarette butt on Walk (£165 the pavement in Moor Street Birmingham requested) Queensway, Birmingham. B35 7HT 35 Nikita Whiteshaw 29/11/13 Birmingham Environmental £200 £165 Pleaded guilty to one offence 43 The Oaks Magistrates Court Protection Act 1990 of dropping a cigarette butt on Shard End (£165 the pavement in Corporation Birmingham requested) Street, Birmingham. B34 6PX

Ref: LPPC/3039 12 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 36 Louise Anne Yates 29/11/13 Birmingham Environmental £200 £165 Pleaded guilty to one offence Apartment 1 Magistrates Court Protection Act 1990 of dropping a cigarette butt on 11 River Park Way (£165 the pavement in Union Street, Northfield requested) Birmingham. Birmingham B31 2GA 37 Tracey Murray 29/11/13 Birmingham Environmental £200 £165 Found guilty in her absence to 46 Moodyscroft Road Magistrates Court Protection Act 1990 one offence of dropping a Stechford (£165 cigarette butt on the pavement Birmingham requested) in New Street, Birmingham. B33 0AD 38 Andrew Kevin Walsh 29/11/13 Birmingham Environmental £100 £80 Pleaded guilty to one offence 523 Reddings Lane Magistrates Court Protection Act 1990 of dropping a cigarette butt on Hall Green (£165 the pavement in Moor Street, Birmingham requested) Queensway, Birmingham. B28 8TE 39 Karandeep Kaur 29/11/13 Birmingham Environmental £200 £172 Found guilty in her absence of 56 Yale Road Magistrates Court Protection Act 1990 one offence of dropping a Willenhall (£172 cigarette butt on the pavement West Midlands requested) on Smallbrook Queensway, WV13 2JN Birmingham. 40 Ameur Ben H Nouma 29/11/13 Birmingham Environmental £200 £165 Found guilty in his absence of Flat 2 Magistrates Court Protection Act 1990 one offence of dropping a 241 Rotten Park (£165 cigarette butt on the pavement Road requested) in New Street, Birmingham. Birmingham B16 0LS 41 Lindsey Collier 29/11/13 Birmingham Environmental £200 £172 Found guilty in her absence of 8 Croxton Grove Magistrates Court Protection Act 1990 one offence of dropping a Stechford (£172 cigarette butt on the pavement Birmingham requested) in Vyce Street, Birmingham. B33 9LX

Ref: LPPC/3039 13 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 42 Debbie Freeth 29/11/13 Birmingham Environmental £300 £165 Found guilty in her absence of 35 Newton Gardens Magistrates Court Protection Act 1990 one offence of dropping a Howard Road (£165 cigarette butt on the pavement Great Barr requested) in New Street, Birmingham. Birmingham B43 5DS 43 Rebecca Taylor 29/11/13 Birmingham Environmental £200 £165 Found guilty in her absence of 18 Woodstock Road Magistrates Court Protection Act 1990 one offence of dropping a Worcester (£165 cigarette butt on the pavement WR2 5NE requested) in New Street, Birmingham. 44 Nathan Wright 29/11/13 Birmingham Environmental £200 £150 Found guilty in his absence of 15 Kestrel Close Magistrates Court Protection Act 1990 one offence of dropping a Erdington (£150 cigarette butt on the pavement Birmingham requested) in The Parade, Sutton B23 5PF Coldfield. 45 Danas Andriulaitis 29/11/13 Birmingham Environmental £200 £172 Found guilty in his absence of 35 Navigation Way Magistrates Court Protection Act 1990 one offence of dropping a Birmingham (£172 cigarette butt on the pavement B18 5RU requested) in Bull Street, Birmingham. 46 Tammy Hoskins 29/11/13 Birmingham Environmental £200 £150 Found guilty in her absence of Flat 8 Magistrates Court Protection Act 1990 one offence of dropping a Cladsworth House (£150 cigarette butt on the pavement Lock Close requested) in Stephenson Place, Redditch Birmingham. Worcestershire B97 6PE 47 Wayne Sweeney 29/11/13 Birmingham Environmental £200 £150 Found guilty in his absence of 10 Exeter Street Magistrates Court Protection Act 1990 one offence of dropping a Stafford (£150 cigarette butt on the pavement ST17 4EG requested) in Stephenson Place, Birmingham.

Ref: LPPC/3039 14 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 48 Antony Brian Slater 29/11/13 Birmingham Environmental Not proved None Pleaded not guilty to one 40 Kimberley Road Magistrates Court Protection Act 1990 awarded offence of dropping a cigarette Solihull butt on the pavement in B92 8PU Colmore Row, Birmingham.

Found not guilty after trial. 49 Azad Khan 29/11/13 Birmingham Environmental £135 £756 Pleaded guilty to one offence 124 Kedleston Road Magistrates Court Protection Act 1990 of failing to take steps to Hall Green (£756 prevent controlled waste (fly Birmingham requested) tipping), namely black bags, B28 0NJ being deposited on land outside 444 Shirley Road, Acocks Green.

Ref: LPPC/3039 15 10/12/2013 FOOD HYGIENE OFFENCES

Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 1 Happy Italian Foods 1/11/13 Birmingham Food Hygiene Total £3,000 £1,160 Pleaded guilty to six offences Ltd Magistrates Court (England) relating to the poor conditions at 145 Dudley Road Regulations 2006 (£500 x 6) (£1,160 Del Villagio, Unit 528 Bullring. Birmingham requested) The food premises were not B18 7QY kept clean and dirty mops and brooms were being used to clean the kitchen. Touch points, floor/wall junctions and the ventilation fan were dirty. The interior of the microwave, oven, ice machine and fridges were dirty. Fridge seals had perished and could not be properly cleaned. Food was not protected against contamination in that raw meats were stored above ready to eat foods in the freezer. Open containers of prepared food were being stored inside a dirty fridge. Wash hand basins in the kitchen had food debris in them and the wash hand basin in the bar was full of dirty cloths. There were no procedures in place based on the HACCP principles.

Ref: LPPC/3039 16 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 2 Langdon Retail 7/11/13 Birmingham Food Safety Act Total £3,000 £1,032 Pleaded guilty to two offences: Limited Magistrates Court 1990 & Food one offence of selling a take Colman House Hygiene (£2,000 x 1 & (£1,032 away meal, namely a pepperoni 121 Livery Street (England) £1,000 x 2) requested) pizza, from Big Johns, 54 Birmingham Regulations 2006 Lozells Road, Birmingham B3 1RS which was found to be contaminated with glass fragments and one offence of failing to have procedures in place based on the HACCP. principles. 3 Stephen Mattu 15/11/13 Birmingham General Food £1,000 – 1st £500 Pleaded guilty to two offences: 6 Lloyd Road Magistrates Court Regulations 2004 Offence one offence of selling 4 chicken Handsworth Wood & Food Hygiene (£826 wings coated in a red mix, Birmingham (England) No separate requested) delivered as a takeaway meal B20 2ND Regualtions 2006 penalty for 2nd from Dyas Takeaway, 205-207 offence Dyas Avenue, Perry Barr which were unfit for human consumption due to mould growth and one offence of failing to implement and maintain procedures based on the HACCP principles.

Ref: LPPC/3039 17 10/12/2013 Name & Address Date Case Court Legislation Fine Costs Offence details Heard /Penalty 4 Dunchurch Ltd 29/11/13 Birmingham Food Hygiene Total £6,000 £1,259 Pleaded guilty to three offences 42 Alum Rock Road Magistrates Court (England) relating to the poor conditions at Birmingham Regulations 2006 £2,000 x 3 (£1,259 Pak Supermarket, 42-44 Alum B8 1JA requested) Rock Road, Birmingham. There was evidence of mice activity throughout the premises and mouse droppings were found on shelves storing food, in bags of flour and on food containers. There was a accumulation of dirt and debris on food surfaces.

ENVIRONMENTAL HEALTH SIMPLE CAUTIONS

During November 2013 no simple cautions have been administered.

Ref: LPPC/3039 18 10/12/2013 TRADING STANDARDS CASES APPENDIX 3

Name & Address Date Court Legislation Fine Costs Offence details Case /Penalty Heard 1 Midland Ford Centre 14/11/13 Birmingham Consumer Total £2,500 £6,000 The Company and Director of Ltd Crown Court Protection from Midland Ford Centre Ltd, Unit 9, 9 Stephens Industrial Unfair Trading (£500 x 5) (£12,980 Stephens Industrial Estate, 635 Estate Regulations 2008 requested) Warwick Road both pleaded not 635 Warwick Road & European guilty to five offences of offering Tyseley Communities Act used cars for sale, on the Auto Birmingham 1972 & Fraud Act Trader and Midland Ford Centre B11 2EZ 2006 websites, without disclosing that they had been previously damaged. Peter Robinson 3 months 2 The Hurst imprisonm Both found guilty after trial. Hollywood ent Birmingham suspended B47 5DU for 2 years + 100 hours unpaid work

Ref: LPPC/3039 19 10/12/2013 Name & Address Date Court Legislation Fine Costs Offence details Case /Penalty Heard 2 SAA (Midlands) Ltd 15/11/13 Birmingham Consumer Total £3,500 £2,314 The Company pleaded guilty to 121-125 Lozells Magistrates Court Protection Act 25 offences and the Director Road 1987 & £2,500 x 1st (£2,314 pleaded guilty to 20 offences Birmingham Companies CPA offence requested) relating to cosmetic products B19 2TR (Trading No separate offered for sale at Pal Disclosure) penalty x Supermarket, 125 Lozells Road. Regulations 2008 remaining The cosmetics included face CPA offences creams, freckle creams, hair colouring and whitening creams. £500 x 2 These products failed comply failing to with labelling regulations in that display information was not displayed business on the packaging; namely the name offences name and address or registered office of the manufacturer, an indication of minimum durability, Mohammed Ayiaz £1,000 x 1st the batch number identifying the 75 Lansdowne Road offence goods or a list of ingredients. Tottenham No separate Two offences relate to Kala Kola London penalty x Hair Tonic which was found to N17 0NN remaining contain lead. Three offences offences relate to Golden Pearl Beauty Cream and Cinci Brido Whitening Cream which was found to contain mercury. The Company pleaded guilty to an additional two offences relating to the failure to display the registered name at the business premises.

Ref: LPPC/3039 20 10/12/2013 Name & Address Date Court Legislation Fine Costs Offence details Case /Penalty Heard 3 Tasawar Ali 22/11/13 Birmingham Hallmarking Act 4 months Subject to a The Company and Director 490 Belchers Lane Crown Court 1973 & Consumer imprisonment Confiscation pleaded guilty to six offences Small Heath Protection from suspended for Order relating to un-hallmarked Birmingham Unfair Trading 2 years £4,185 jewellery, namely rings, earrings B9 5QJ Regulations 2008 and a necklace, being offered 100 hours for sale at Mohammadi unpaid work. Jewellers Ltd, 384 Green Lane, Birmingham and two offences of Mohammadi £300 providing false information Jewellers Ltd relating to the composition of 384 Green Lane (£50 x 6) earrings which were described Small Heath as “22 carat gold”. Birmingham B9 5XS 4 Andrew Harris 25/11/13 Birmingham Fraud Act 2006 2 years £21,358 The Company and Director each 62 Ascot Drive Crown Court imprisonment pleaded guilty to 9 offences Port Talbot x 8 (£21,358 relating to misleading West Glamorgan requested) representations made on the UK SA12 8YL 12 months Swingers website; member imprisonment profiles on the site were found to x 1 be fake and had been set up to to run mirror the age and location of concurrently the user viewing them, the home page of the website did not disclose that the initial joining period was on a trial basis and Zilet Limited Total £42,000 the website did not provide 62 Ascot Drive ownership details. Port Talbot (£5,000 x 8 & West Glamorgan £2,000 x 1) SA12 8YL

Ref: LPPC/3039 21 10/12/2013 Name & Address Date Court Legislation Fine Costs Offence details Case /Penalty Heard 5 RA Trading (UK) Ltd 29/11/13 Birmingham Trade Marks Act Total £2,400 £8,186 Each defendant pleaded guilty 93-95 Barr Street Crown Court 1994 to six offences of having in Hockley (£400 x 6) (£8,186 possession, custody or control, Birmingham requested) goods which bore signs identical B19 3DE to or likely to be mistaken for a registered trade mark at RA Trading Ltd, 93-95 Barr Street, Shabaz Ali 120 hours Hockley. 14 Hutton Avenue unpaid work x Saltley 6 to run The goods included counterfeit Birmingham concurrently Ferrari, Louis Vuitton, BMW and B8 1PN Apple Iphone covers and an Aston Villa Phone Sock. Shehraz Ali 100 hours 407 Metropolitan unpaid work x A Forfeiture order in respect of Apartments 6 to run all items seized was granted. 20 Lee Circle concurrently Leicester LE1 3RF

TRADING STANDARDS SIMPLE CAUTIONS

During November 2013 three simple cautions were administered.

Legislation Offence details Date Caution Issued Ward

Consumer Protection from Advertised on a business website that lollies 7/11/13 Ladywood Unfair Trading Regulations for sale were “HFA Halal Approved” when they 2008 & European were not. Communities Act 1972

Ref: LPPC/3039 22 10/12/2013 Trade Marks Act 1994 Had in possession, custody or control in the 7/11/13 Nechells course of a business goods, namely value caps and key rings, which bore a sign identical to or likely to be mistaken for a registered trade mark, namely “Ferrari, Volkswagen, Honda, Porsche, Mercedes-Benz and Bentley“

Trade Marks Act 1994 & the Had in possession, custody or control in the 7/11/13 Acocks Green Consumer Protection from course of a business goods, namely Vodka Unfair Trading Regulations which bore a sign identical to or likely to be 2008 mistaken for a registered trade mark, namely “Glens“. Had in possession bottles of vodka which bore counterfeit back labels and UK Duty Stamps.

Ref: LPPC/3039 23 10/12/2013