Oswestry trader banned from selling cigarettes after council investigation

An Oswestry trader has been banned from selling cigarettes for one year and ordered to pay a total of £525 after an investigation by Shropshire Council.

John Clarke, of Salop Road in Oswestry, pleaded guilty at Shrewsbury Magistrates Court on 28 June 2013 to three offences of selling tobacco to under 18-year-olds and one offence of selling cigarettes in quantities of less than ten.

The court heard that public protection officers carried out a test purchasing operation in Oswestry during December 2012.  

During the operation Clarke, 54, sold cigarettes from his mobile shop, trading as Scrummy Yummy, on three separate occasions to two 14-year-old female volunteers, both dressed in their school clothing.  Clarke operated as a sole trader with no other employees; the cigarette sales were entirely his responsibility and could not be blamed on the mistakes of others.    

The operation was carried out in response to a significant number of complaints from the community and West Mercia Police.

Frances Darling, service manager – safer and stronger communities, in public protection, said:

“Overall, this case sends out a clear message to traders that we will not tolerate the sale of cigarettes to children in Shropshire.  Not only has the trader been found guilty and ordered to pay a total of £525, he has also been banned from selling cigarettes for a year.  This is the first time that we have considered a restricted sale order under legislation that came into force in 2009 and which aims to tackle persistent sales of tobacco to minors; we have clearly been supported in this approach by the courts.   I would add that the result in this case is entirely down to the excellent work undertaken by a number of our officers.”

Frances Darling also said:

“We recognise that the majority of traders take their responsibilities seriously, and wherever possible we will work with traders to bring about compliance through business advice and support.  However, where traders are found to be disregarding the law, particularly where the health of children is being put at risk, we will not hesitate to investigate and take the necessary enforcement action.”

Steve Charmley, Shropshire Council’s Cabinet member with responsibility for public protection, said:

“This case serves as a warning to traders who choose to ignore consumer protection laws, particularly those that affect the health and well-being of our children.  The 18 age restriction on the sale of cigarettes is there to help prevent children from taking up smoking.  We also know of the health problems that smoking can cause in later life, and the significant burden that is then placed on our health services.  It is clearly totally unacceptable that children were able to buy cigarettes, unchallenged, in this way.  Furthermore, this trader even sold a small quantity of single cigarettes for 40p each, meaning not only could children buy cigarettes from him, they could use their pocket money to do so.”

Steve Charmley added:

“We would strongly urge traders to adopt a ‘Challenge 25’ approach when selling tobacco and alcohol, to make their checks sufficiently robust to ensure they do not mistakenly sell to young people who are under age.”

Traders who would like advice and guidance on understanding the law and applying it in practice can contact the business support and locality working team, within public protection, on 0345 678 9000.