A pub where hundreds of “illicit” cigarettes, tobacco and vapes were found is facing the prospect of losing its alcohol licence.
The Penny Black in Hartburn, Stockton found itself in trouble with licensing authorities for the second time in six years following the haul. Adam Harston, a trainee trading standards and licensing officer for Stockton Council, outlined “serious concerns” after he spotted nine packets of cigarettes in a sandwich container in the Ellerton Road pub’s back office during an inspection on June 12.
Hand-written price lists were found on the container, Stockton Council’s licensing sub-committee heard on Wednesday (September 16). Officers found more in a filing cabinet – 239 packets of counterfeit cigarettes, 23 packets of counterfeit or non-UK duty hand-rolling tobacco and 35 disposable single-use vapes in total, with more hand-written records of names, money amounts and references to cigarettes and vapes.
Mr Harston said premises supervisor Gary Cooke “accepted responsibility for the products, confirmed he had purchased the cigarettes, permitted them to be stored on the premises and authorised their sale” in an interview. Mr Cooke said he believed the cigarettes were duty-free and they were being sold “for a decent price”, but gave no supplier details.
Mr Cooke’s representative Duncan Craig said he was only selling to members of staff with “absolutely no evidence of any sales to any customers”. However Mr Harston said Mr Cooke admitted in interview he sold a pack of cigarettes to someone who came into the pub.
Mr Harston added: “This is not an isolated concern. Trading standards is aware of licensing intelligence dated from June 2023 which recorded quantities of disposable single-use vaping products being stored within the CCTV room at the premises.
‘A persistent pattern of poor management’
“The evidence… demonstrates that illicit tobacco products were being supplied from the premises over a long period of time. It demonstrates a failure of management oversight and control.”
Trading standards applied for a review of the pub’s licence, supported by Cleveland Police, licensing and public health services. Council licensing officer Elliott Beevers said there was a “persistent pattern of poor management, inadequate control and repeated failures”.
He outlined a previous licence suspension in October 2020 because of Covid regulation breaches, noise complaints and failures to provide CCTV. But “the same fundamental failings continued to arise” despite warning letters, advice, inspections and added conditions.
Live music and drinking after hours, more CCTV difficulties and smoking inside came to light in 2023, and officers found eight vapes which Mr Cooke said were for his own use. A complaint over the handling of a “serious alleged sexual assault at the premises” arose in April this year, CCTV footage at the time was missing and licensing officers found failures with records, training, age challenges and noise notices.
‘Can’t be a***d’
Mr Cooke told officers he was ill, primarily due to diabetes, and “can’t be a***d” with a CCTV condition, said Mr Beevers who asserted there was a “repeated failure to properly manage a fundamental licence condition”. PC Andrew Thorpe from Cleveland Police said Mr Cooke was generously given another chance in 2020 but failed to manage the pub adequately, did not improve his attitude and his lack of co-operation made working with the pub “nigh on impossible”.
He said licence holder Star Pubs Trading Ltd was meant to gain better control in 2020: “But this does not seem to have had the desired effect and Star Pubs appear to have proven they have little or no control over the premises, with issues like this going on over what appears to be a sustained period of time with little or no oversight.”
He suggested revoking the licence, saying police had no faith in Mr Cooke or the pub chain: “Unfortunately due to the numerous issues and offences being committed at the premises, this is something that cannot be ignored and requires immediate action.”
Mr Craig said Mr Cooke has been in the trade for 40 years and the Penny Black was a “classic community pub”. He added: “It’s a well run business and clearly is a big part of the community in which it sits.
‘Diligent approach’
“His account is that he was selling these cigarettes to members of staff. He was of the view that they were lawful and duty-free cigarettes. The vapes had been there for some time. You can’t get disposable vapes now.
“I don’t accept on Gary’s behalf that he doesn’t cooperate,” he said, asserting Mr Cooke “didn’t feel at all well” during the April trading standards visit with several health problems mentioned. But significant improvements were made and issues tackled since, including CCTV recording, and “the premises is now compliant”.
He said Mr Cooke helped police and made footage available for the sexual assault investigation, but “the decision has been made not to proceed”. He added: “These are not premises that occupy the time of Cleveland Police to an unwarranted or disproportionate extent. That’s a testament to Gary’s diligent approach to operating these premises.”
‘I seriously thought they were duty-frees’
Quizzed about where he got the cigarettes, Mr Cooke said: “As far as I was aware they were duty-free cigarettes, not counterfeit, and I was selling them to the staff.” He said the carrier bag of cigarettes was dropped off to a bar staff member by an unknown person in exchange for an envelope of money: “I don’t know who it was. He just delivered the cigarettes and collected the money.
“As far as I was aware, it was somebody who was bringing them in from working off-shore. They were £7 a packet to buy, I was selling them to the staff for £8 a packet. I seriously thought they were duty-frees.”
George Domleo, representing Star Pubs, said the company was unaware of the cigarette sales, was “not happy”, took the matters extremely seriously, worked positively with the authorities, addressed concerns and encouraged compliance. He said it took a “neutral” view and would “thrash it out” and consider next steps after the committee’s decision: “Our client considers it appropriate to await the decision before determining what additional action may be required.”
He said Star owned the property while Mr Cooke ran the pub under a long-term lease, including training staff and complying with licence conditions, but the company did not delegate responsibility at arm’s length. He told councillors: “The day-to-day operation of the premises rests primarily with the tenant Mr Gary Cooke.
“There is only so much we can do as a pub company. We don’t have keys to the pub. This is also Gary’s home. From our perspective as the brewery and landlord, we can’t just kick a tenant out of a pub just like that.”
Committee chair Councillor Eileen Johnson said they would inform all parties when they had made their decision.
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