Calderdale shops in Court

On 28 September 2023, three traders from Calderdale appeared separately in Bradford Magistrates Court each to answer the charge of selling an e-cigarette to a 15-year-old child. It is an offence to sell an e-cigarette to anyone under the age of 18. Two of the traders also sold e-cigarettes that were illegal for sale, as they were oversized, containing more than the permitted 2ml of nicotine liquid.

The businesses were known to West Yorkshire Trading Standards Service (WYTSS) as numerous complaints had been received alleging the premises selling e-cigarettes to children.

AA Car Care Ltd, trading as Car Care, 26 Burnley Road, Todmorden, pleaded guilty to offences under the Children and Families Act 2014. The company was ordered to pay costs of £1088.20, a fine of £1600 and a victim surcharge of £640 to be paid in 56 days. The seller, Mr Aminul Islam was ordered to pay costs of £1088.20, a fine of £242 and a victim surcharge of £97 at £120 per month.

In December 2022 a 15-year-old volunteer entered the shop, Car Care, under the supervision of a Trading Standards Officer, and asked to buy a vape. The seller sold a Sweet Strawberry Geek Bar disposable electronic cigarette that contained nicotine to the volunteer for £4, without asking for identification or challenging his age. Mr Mohammed Islam the manager of the shop was interviewed on behalf of the company, he stated that he had given his staff challenge 25 training and he now gives more verbal communication regarding underage sales and is now displaying challenge 25 posters in the shop. The seller Mr Aminul Islam said that he was distracted during the sale as he was packing online orders and trying to keep an eye on the CCTV as he was worried that someone in the shop was going to steal something.

Sabhi Singh Dhadda trading as Towngate Stores, 18 Towngate, Sowerby Bridge, pleaded guilty to committing offences under the Children and Families Act 2014 and the Tobacco and Related Products Regulations 2016. He was ordered to pay costs of £2214.80, a fine £525 and a victim surcharge of £210, to be paid within 56 days.

In December 2022 a 15-year-old volunteer entered the shop, Towngate Stores, under the supervision of a Trading Standards Officer, and asked to buy a vape. The seller sold a Vimto Elux 3500 electronic cigarette to the volunteer for £11, without asking for identification or challenging his age. Elux 3500 have a tank size of 10ml, 5 times the legal limit. Mr Singh Dhadda was interviewed later and said that there are no written procedures and no formal training, but he does tell his staff not to sell to anyone under the age of 18. When asked if he knew that it is illegal to sell e-cigarettes that have a tank size over 2ml, he said that he thought that because it said 2% on the e-cigarette he believed it was a 2ml tank and that he purchased the illegal vapes from a ‘white van man’.

Arshad Rashid the director of YSL Trading Ltd, trading as Mad Labels, 20-22 Crown Street, Halifax pleaded guilty to committing offences under the Children and Families Act 2014 and the Tobacco and Related Products Regulations 2016. The company was ordered to pay costs of £440.96, a fine of £673 and a victim surcharge of £269 to be paid within 3 months. As director of the company Mr Rashid was ordered to pay costs of £440.96, a fine of £144 and a victim surcharge of £58, to be paid within 3 months.

In December 2022 a 15-year-old volunteer entered the shop, Mad Labels, under the supervision of a Trading Standards Officer, and asked to buy a vape. The seller sold a Cotton Candy Elux 3500 electronic cigarette to the volunteer for £10, without asking for identification or challenging his age. Elux 3500 have a tank size of 10ml, 5 times the legal limit. Mr Rashid was interviewed later and read out a prepared statement. He said that he took over Mad Labels when the previous business went into liquidation in July 2022. On the day of the sale, he said that he was not present and had staff running the business for him.

David Strover, Trading Standards Manager - Business Services Team said, “the flagrant sale of vapes to children just should not be happening within our communities. We wrote to these businesses to make them aware of complaints we had received and informed them a test purchase may follow but the businesses still sold the items to a child.  The health risks associated with juvenile use of vapes should not be underestimated.  Vapes are an adult product suitable for ex-smokers – their sale to, and use by, children is not acceptable. Shops need to ensure they have systems in place to avoid selling vapes to minors and train their staff accordingly. I would like to thank all the partners and members of the public for reporting illegal sales and encourage everyone to continue doing so to reduce the harm caused by tobacco and vapes in our communities.”

Councillor Ann Kingstone, Member of the West Yorkshire Joint Services Committee which 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, tobacco and alcohol sales. The simple task of asking for identification and verifying the age of younger customers will help to reduce underage vaping and tobacco use.”

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.