Shop that 'sold laughing gas to kids' loses licence

Cases containing a combined 60 bottles of nitrous oxide were found at the store

A shop owner has been stripped of his premises licence after police accused him of selling laughing gas to children.

Officers found 60 bottles of nitrous oxide and 10 packs of balloons at M&S Off Licence, in Leeds, when they visited the shop earlier this year.

Merhawi Yowhanse, whose business has no connection to Marks & Spencer, denied the claims and insisted the gas had been mistakenly left by a delivery driver earlier that day.

But Leeds City Council's licencing sub-committee earlier concluded his explanation was "implausible".

A panel of councillors was told that a pack of balloons was found under the counter by West Yorkshire Police officer, PC Neil Haywood, when he visited the shop in Roundhay Road on 23 August.

Bottles of nitrous oxide weighing 86kg were then discovered in cases at the rear of the shop.

Mr Yowhanse said he sold the balloons for children's parties

In his written application to the council asking for a review of the shop's licence, PC Heywood said Mr Yowhanse was interviewed on offences of intent to supply a psychoactive substance and money laundering.

When asked by officers why he had that much gas, he was said to have replied "cakes". The hearing was told this was thought to be a reference to the legal use of nitrous oxide in baking.

But PC Heywood wrote in his statement that police "hold information to suggest that M&S off-licence is selling alcohol and laughing gas to underage children".

At the hearing, the officer said he was unable to elaborate on what the information was for "operational reasons" but added: "We did act on it pretty quickly."

'Dangerous substance'

PC Haywood said laughing gas had "exploded in popularity" among young people and it had been seen at festivals.

"At the time (in August) it was classed as a psychoactive substance but its status has since been upgraded to that of a controlled drug," he said.

"This is a dangerous substance."

The officer also referenced the murder of Huddersfield teenager Harley Brown, whose 15 and 17 year-old killers, jailed on Monday, were "under the influence of nitrous oxide" at the time.

Councillors heard Mr Yowhanse had claimed he sold balloons for children's parties, despite the fact they were not on display, and no other such items were sold at the shop at the time.

His solicitor, Masood Hussain, told the hearing his client had been serving customers when a driver delivered the boxes of nitrous oxide without his knowledge, shortly before police visited.

"He didn't have time to check the contents. Only when the officers arrived were the boxes opened. He hadn't had chance to put the balloons on display. He would have done so subsequently."

But in their conclusions, the panel "found those explanations to be completely implausible and simply did not believe him".

Councillors heard a criminal investigation was ongoing but Mr Yowhanse had only been voluntarily interviewed under caution.

He is now banned from selling alcohol, subject to appeal.