The owner of an Afro-Caribbean store has slammed a council for not considering the Equality Act in ruling he will not be allowed to sell specialist alcohol.

Eunistar Healthcare and Afro-Caribbean store in Gillingham had an initial proposal denied by a licensing sub committee last April and has now lost its court appeal against Medway Council's decision.

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It was originally denied due to concerns surrounding alcohol-related crime and disorder already prevalent in the area.

The store wanted to stock beers popular among Nigerian and Afro-Caribbean communities such as Guiness Extra, Trophy Lager and 33 Export which aren't on sale anywhere else in Gillingham.

Dr Anthony Emeakaroha, who would have been the licence holder, said: "I took the liberty to walk up and down the high street to find out if the brands we are talking about were on sale in any other shop and I did not find any – we do not have them in Gillingham.

"We feel that we are excluded. I have people, minorities, visiting my shop and they leave because we don't have this licence."

PC Dan Hunt, who patrolled Gillingham High Street until three years ago, said: "I believe that granting this licence would mean alcohol would be more freely available to all of society."

He added: "This would mean alcohol more readily available to people who already cause us problems in that area, and it would have to be available to everybody as it would be inappropriate to only sell to a targeted consumer base."

Gillingham High Street sits in a Cumulative Impact Policy (CIP) area, which means new licence applications are to be refused in “all but exceptional circumstances” to help reduce anti-social behaviour and nuisance.

Dr Emeakaroha claimed the licensing sub committee had failed to take into account the Fairness and Equality Act when making their decisions.

Chairwoman Mandy Ellis said: "Whilst we accept the appellant's point that the minutes of the licensing sub committee did not mention the equality act specifically, we are satisfied that the policy committee did."

"We therefore, on those grounds, find that the decision is correct and we refuse this appeal."

In response to the decision Dr Emeakaroha said: "I felt I made my point very clear, I am not a lawyer. I'm not a legal person but I made my point very clear.

"There is no alternative. This has not been dealt with and they have left us in limbo."

He intends to take the decision to a review.

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