AN IRVINE bar and restaurant caught selling 'fake' Smirnoff vodka has been handed a warning from licensing officials.
Management at the Gulab were issued with the sanction this week after a joint inspection involving Trading Standards and Home Office teams in May.
The Girdle Toll business was called before North Ayrshire Council's licensing board on Wednesday for a review of its premises licence following the incident.
A report prepared before the meeting revealed that tests carried out on two opened bottles displayed as Smirnoff No.21 Red Label vodka did not detect manufacturer Diageo's 'covert marker' - meaning the contents were not genuine Smirnoff vodka.
It was stated that the liquid was a "similar type product" with the same alcohol content but that the Smirnoff spirit had been "replaced or counterfeited".
The licensing board was asked to consider suspending the premises licence or proposing the replacement of the premises manager.
Trading Standards officer Steven Bodys told the meeting: "The display and intended sale of alcohol falsely represented as a genuine branded spirit constitutes a serious failure of management and oversight within a licensed premises."
Representing the Gulab was premises manager Davinder Summel and solicitor Ian Hunter.
Mr Hunter argued that the board should not take this course of recommended action against the bar and restaurant.
He noted that Mr Summel has been the premises manager for three years and has spent 16 years working at the Gulab.
During that time, he said that any issues raised had been dealt with promptly and effectively.
Mr Hunter said: "This visit was prompted as a joint operation with immigration officials; their investigations proved to be groundless.
"We believe this was intentional and came from a disgruntled former employee. We believe the motive was to carry this out as a revenge attack.
"It came at a time when a number of prank calls were also received and police were called out to the premises to no effect."
Mr Summel added: “There was adequate stock; I don’t oversee every task that every member of staff does.
“I can only assume that someone may have done it maliciously or someone has just been lazy and used what was on the bar [to refill the bottles].”
Mr Hunter also highlighted that the 1.5l Smirnoff bottles were typically filled up, using 700ml bottles of the product, in full view with "no intention to hide what was going on”.
The solicitor also noted a number of steps taken since this inspection to address any possible repetition.
This included Mr Summel completing further training, while four members of staff are also seeking to become personal licence holders.
The Gulab will also only buy 1.5l Smirnoff bottles moving forward and has implemented a "no refill" policy, despite this being less cost-effective for the business.
Mr Hunter added: “Mr Summel fully accepts his responsibility. He has put in place an organisation of the bar that will not allow this to reoccur.
“On top of that, he has put a number of measures in place to make sure others, including himself, are more aware.
“I would hope that all of that reassures the board that Mr Summel recognises the seriousness of that and has taken steps without delay.”
Following a brief adjournment, the licensing board decided to place a warning on the premises licence, which will stay in place for five years.
Mr Summel is expected to come before the board for a review of his personal licence in due course.
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