Portsmouth newsagent barred from selling alcohol thought that youth used in sting operation was a shoplifter

Oxygen newsagent on Portsmouth Road in Cosham will no longer be able to sell alcohol following a ruling by councillors at a licensing sub-committee on Tuesday.

The hearing came following two failed separate test purchases set up by Hampshire police in which both 16-year-olds were able to walk away with alcohol, including wine and beer.

Oxygen's designated premises supervisor Jose Santiapillai defended the breaches as 'mistakes', including the occasion when he personally sold beer to one of the 16-year-olds.

After stating that he believed the minor was actually aged between 23 and 24, despite allegedly operating a Challenge 25 policy, Mr Santiapillai said: 'Two weeks before the test purchase someone stole beer from the shop. When the test purchaser came in I suspected he was a shoplifter. He wouldn't make eye contact.

'He came to the counter and gave me cash.

'I know I failed and I want to ratify this. I will make sure it doens't happen again in the future. I admit this is my mistake, I was not trying to sell alcohol to them.'

Mr Santiapillai previously come under fire as the owner of Oxygen in 2017 when staff failed a purchase test, and a similar convenience store he formerly ran on Havant Road also failed this test in 2014.

In 2016 Mr Santiapillai was taken to court for selling alcohol without a personal licence holder present and failure to provide CCTV training for staff.

Members of the committee were also not convinced by a comment from Mr Santiapillai that he had been tired and stressed due to 'family issues.'

Cllr Leo Madden: 'You say you're experienced yet you yourself sold alcohol to a minor.

'There may not have been an intention but the fact is that you did it. As an experienced licence holder you should have made a challenge.'

The committee's chair, Cllr Gemma New, agreed. 'What's more important to you, the theft or the challenge following the law?' she said. 'We all have issues in our lives.'

Licensing officers were similarly not swayed. Tracey Greaves from trading standards said: 'He stated he was tired, he had been working a long time and that he had family issues.

'He said the sales were not intentional. Although we sympathise with this it's not a mitigation. He should have the knowledge not to make those mistakes.'

PC Peter Rackham added: 'The concerns the police have are that over the last few years we have engaged with Mr Santiapillai to help him with his business and he has continued to breach his licence.

'We feel the only option to prevent further offences and to prevent any further sale of alcohol to children would be to revoke the licence.'

Mr Santiapillai can choose to appeal the decision.