A Wirral convenience store is having its licence reviewed after laughing gas and illegal vapes were found there.

Merseyside Police are arguing what they found was undermining public safety.

Wirral Council is being asked to review the licence for Higher Tranmere Express at a licensing committee meeting to be held later this month.

However the business, which is based on 8 to 10 Bebington Road, is being supported by 63 customers who oppose calls by the police for a review.

According to a report published by the local authority ahead of the meeting, Merseyside Police said nitrous oxide was "found at the premises which Merseyside Police considers undermines the licensing objective of public safety."

They said these were their grounds to call for a review.

In November 2023, the UK Government reclassified nitrous oxide as a Class C drug under the Misuse of Drugs Act 1971. This means it is a criminal offence to be found to sell or be in possession of the drug where its intended use is to be wrongfully inhaled which means for any purpose other than for medical or dental reasons or accidental inhalation if in the atmosphere.

According to guidance issued on the ban, "those found in unlawful possession will face either an unlimited fine, a visible community punishment or a caution – which would appear on their criminal record.

"Repeat serious offenders may face a prison sentence of up to two years, an unlimited fine, or both.

"The penalty for supply or production will double, to up to 14 years in prison, an unlimited fine, or both."

The shop’s licence currently allowed the sale of alcohol off the premises between 8am and 1am when it is open to the public. Councillors may decide to change the licence, remove part of it, change the person in charge, suspend it for up to three months, or revoke it.

Trading Standards are also supporting the review due to  “the possession of vapes on the premises in contravention of Part 6 of the Tobacco and Related Products Regulations 2016 which Trading Standards considers undermines the prevention of crime and disorder licensing objective.” This regulates what ingredients go in, the notification of, and the supply of electronic cigarettes.

The council report said: "Premises that hold a Premises Licence must operate in such a manner to uphold the licensing objectives. Should this not be the case the public are at risk in respect of crime and disorder, public safety, public nuisance.

"Children may also be at risk to harm."

The government introduced the changes to the law around nitrous oxide, also known as laughing gas, in 2023 as it said "growing increasingly concerned about misuse of nitrous oxide and its impact on society" arguing it can contribute to antiosocial behaviour and risk serious nerve damage or even death.

According to data published by the Office for National Statistics published in December 2023, use of nitrous oxide had decreased in the last year.

However, 63 comments have been made by customers of the business who argue the aims of the licence would not be undermined by the business and its current operation. No other comments have been made by other responsible authorities. 

Higher Tranmere Express has been approached for further comment. The review is currently scheduled to take place on August 22 at a licensing committee meeting at Wallasey Town Hall.