Businesses fined over underage sales and illegal vape sales

Two businesses in Shropshire have been convicted and fined over underage sales and illegal vape sales.

Sale to a minor

A company has been ordered to pay £5,000 for selling a nicotine vape to a minor following a prosecution brought by Shropshire Council.

Positive Business Communications Ltd trading as Vapafone on Castle Street in Shrewsbury was convicted by Telford Magistrates Court on 31 July 2024 and ordered to pay a total of £5035.10 in fines and costs.

Shropshire Council’s Trading Standards Team brought the case forward following a test purchase operation in Shrewsbury in June 2023 and when a 17 year volunteer was able to buy a Elfbar vape without being challenged as to their age.

The company had denied the charge saying they had implemented all reasonable precautions to prevent the offence, but due to poorly kept refusal logs and inadequate staff monitoring the court was not satisfied it had met the requirements, especially after prior incidents and advice from Trading Standards.

The court found the company guilty and issued a fine of £1,500 for the offence and other costs of £3,535.10.

Councillor Chris Schofield, Cabinet member for planning and regulatory services, said:

“Our Trading Standards team is dedicated to assisting businesses in complying with legal standards and acting responsibly.

“This case serves as a warning to sellers of age-restricted items about their duty to block sales to minors, including implementing ‘Challenge 25’, checking photo ID, and providing proper staff training on actions to take to prevent sales to minors.”

“Our aim is to maintain Shropshire as a secure, safe and appealing place to live and visit, and our team will persist in upholding the laws concerning the sale of age-sensitive products, preventing those under 18 from purchasing from non-compliant establishments.”

Sale of illegal vapes

A Shropshire convenience store business and its owner have been ordered to pay more than £21,000 by the court after admitting to the sale of oversized nicotine containing vapes.

Telford Magistrates Court heard the case brought by Shropshire Council’s Trading Standards Team following an investigation which has resulted in the seizure of 3668 oversized vapes from the Thresher store in Shrewsbury, the Oswestry Convenience Store in Oswestry and the Londis store in Worthen.

Mr Showkumar Jeyaratnam on behalf of himself and his company Niro & Show Ltd Uk admitted at the hearing on Monday 5 August 2024 to five charges of selling oversized vapes following visits to all three stores were conducted during 2023 and a further two visits to the Threshers store in Shrewsbury in February 2024.

The business was ordered to pay fines and costs of £16,621 while Mr Jeyaratnam was ordered to pay fines and costs of £5021, together totalling £21,642.

The business first came to the attention of the Trading Standards team following a visit to the Threshers Store in Shrewsbury and the Oswestry Convenience Store in 2022 during which 377 oversized disposable vapes were identified as having at least five times the permitted capacity for nicotine liquid.  Further visits was undertaken during 2023 to all three stores in which a further 3082 illegal disposable vapes were seized.

Despite this, the council received intelligence that the Threshers store in Shrewsbury was continuing to sell these oversized vapes but had restricted the sales to the evenings believing that Council Trading Standards Officers only undertook visits during office hours.  Following an unannounced test purchase in February 2024, a further 209 of these illicit vapes were seized.

Councillor Schofield, Cabinet member for planning and regulatory services, added:

“Our Trading Standards team is committed to working with businesses to help them adhere to legal requirements and act in a responsible manner. However, as this case demonstrates, if needed we will proceed with enforcement where a business continues and repeatedly fails to adhere to legal controls.

“The sale of these illicit vapes undermines the legitimate market and poses a potential danger to users who may not be aware of the nicotine content or the ingredients of these products.

“We will not hesitate to take action against traders who ignore the law and we urge anyone who has concerns about illegal vapes to report them to us.”

Shropshire Council encourages individuals to contact the Citizens Advice consumer helpline on 0808 223 1133 if they have any suspicions that a business may be selling illicit vapes or who are selling these or any other age restricted products to minors.  Information can be given anonymously and will always be treated in line with the council’s information governance policies.

Shropshire based traders who wish to seek further advice on their legal obligations or who also wish to report any suspicions that offences may be being committed by other businesses can do so by contacting 0345 678 9000.  Further advice is also available from Business Companion.

General Trading Standards business advice and support can be found on the council’s website.