Bradford Retailer in Court

Wednesday 10 July

On 4th July 2024, Mr Denis ANDRUKIANIEC, the Director of Damin Grocers Limited failed to appear at Bradford Magistrates Court to answer charges relating to the sale of a disposable e-cigarette to a 13-year-old child from his business, Damian Food, 104 Gaythorne Road, Bradford BD5 8AY.

 

In his absence, the Magistrates found the company, Damin Grocers Limited, guilty of offences under the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 and the Children and Families Act 2014. The Magistrates issued the company with a fine of £2,000. The company was also ordered to pay a victim surcharge of £800 and costs of £2,658.71, totalling £5,458.71. The amount was to be paid in full within the next 28 days. The Magistrates also issued the Director with a fine of £1,000 and was ordered to pay a victim surcharge of £400.00, totalling £1,400.  The amount was to be paid in full within the next 28 days.

 

The case was launched after West Yorkshire Trading Standards Service received a complaint from a member of the public that the business was selling vapes to children.

 

In August 2023, a 13-year-old volunteer entered the shop under the supervision of a Trading Standards Officer and asked to buy a vape. The seller sold a CRYSTAL PRO-MAX 4000+, Mr Blue flavour disposable cigarette which contained nicotine, for £10.00, without being challenged or asked for identification to confirm they were over the age of 18. It is an offence to sell electronic cigarettes containing nicotine to a person under the age of 18. The electronic cigarette itself was illegal as it was oversized, containing more than the permitted 2millilitres, or 600 puffs.

 

David Strover, Head of Trading Standards (Business Services)  said, “the sale of vapes to children should not be happening within our communities. We wrote to this business to make them aware of complaints we had received and informed them a test purchase may follow.  Vapes are an adult product suitable for adult ex-smokers – the sale of vapes to children is unacceptable. Retailers need to ensure they have systems in place to avoid selling vapes to minors and train their staff accordingly.”

 

Councillor Sue Duffy, Deputy Chair of the West Yorkshire Joint Services Committee that oversees the work of Trading Standards said “it is clearly irresponsible not to check the age of teenage customers wanting to purchase age restricted goods. Test purchases are undertaken regularly by Trading Standards staff to ensure shops adhere to the law on vapes.   The simple task of asking for identification and verifying the age of younger customers will help to reduce underage vaping. “

 

Consumers wishing to report illegal trading practices, including the sale of age restricted goods to children can call the Citizens Advice Consumer Helpline on 0808 223 1133 to report their concerns  -  this can be done anonymously.