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Shop Owner Fined For Selling Illicit Vape To Underage Person

Published on Saturday 9 December 2023

The owner of a Ripley shop has been fined a total of £3,600 and ordered to pay £2,500 costs and a £1,440 victim surcharge after pleading guilty to selling a vape to an underaged person and for possession for supply of vapes that do not comply with UK legislation. 


The successful prosecution was brought by Derbyshire County Council’s Trading Standards following an investigation by officers on the team.

Ashiquallah Darwish, 53, of Moorgate Road, Rotherham, who owns and runs Bargain World in Oxford Street, Ripley, appeared before Southern Derbyshire Magistrates today (Monday 4 December), and admitted a charge of selling a disposable electronic cigarette (vape) to an underage person, contrary to the Children and Families Act 2014 and the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015.

He also admitted a further eight charges of possession for supply of vapes that did not comply with UK legislation with respect to volume of nicotine liquid and labelling, contrary to the Tobacco and Related Products Regulations 2016. 

The court heard that visits by trading standards officers had led to the discovery of non-compliant vapes at the shop, and in January this year officers carried out a test purchase operation at the shop following complaints from members of the public.

A sale of a non-compliant vape was made to the test purchase volunteer, with no age or ID checks being asked for.

Follow up visits were made to the shop by officers during which more than 200 non-compliant vapes were found. This was despite Darwish having received comprehensive advice and guidance from trading standards on underage sales and supply of vapes.

Derbyshire County Council Cabinet Member for Health and Communities Councillor Carol Hart said: “Our trading standards officers are working incredibly hard to tackle the issue of underage sales and supply of illicit vapes and will not hesitate to take action against anyone who flouts the law in this way.

“While we acknowledge vapes that are compliant with the law are an effective tool in helping adults quit smoking, the health advice is clear – if you don’t smoke, don’t vape, and children should never vape.

“We are grateful to members of the public for alerting us to people they suspect are breaking the law, and I’d encourage them to continue to do so. I hope that today’s successful prosecution sends out a clear message to anyone thinking of going down a similar route that they will not get away with it.”

People wanting to report any suspicions of the sale of vapes to underage people should report them to the Citizens Advice consumer helpline on 0808 2231133 or Crimestoppers on 0800 555111.

Darwish admitted to the following charges:
 
•    Sale of a Nicotine Inhaling Product to a person under the age of 18 years. Contrary to section 92 of Children and Families Act 2014 and Regulation 3 of the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015.
•    Supply of a disposable electronic cigarette with a volume of nicotine containing liquid in excess of 2 millilitres. Contrary to the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes, with a volume of nicotine containing liquid in excess of 2 millilitres. Contrary to the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes that did not comply with the product information and labelling requirements as in accordance with the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes with a volume of nicotine containing liquid in excess of 2 millilitres.  Contrary to the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes that did not comply with the product information and labelling requirements as in accordance with the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes that did not comply with the product information and labelling requirements as in accordance with the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes that did not comply with the product information and labelling requirements as in accordance with the Tobacco and Related Products Regulations 2016.
•    Possession for supply of disposable electronic cigarettes that did not comply with the product information and labelling requirements as in accordance with the Tobacco and Related Products Regulations 2016.
 



Article by Derbyshire County Council




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