Community Service Order for Halifax retailer

On 16^th January 2025, Mr Kabir Hussain of Fitzroy Road, Bradford appeared at Bradford Magistrates Court for sentencing having previously pleaded guilty to offences under the Trade Marks Act 1994, Tobacco and Related Products Regulations 2015 and the Standardised Packaging of Tobacco Products Regulations 2015 due to having in his possession counterfeit hand rolling tobacco in breach of trademark rules and tobacco products which were not in standardised packaging and did not bear a health warning in English. He had also pleaded guilty to an offence under the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 and the Children and Families Act 2014 after selling a disposable e-cigarette to a 15-year-old child. The electronic cigarette itself was illegal, as it was oversized, containing more than the permitted 2ml of nicotine liquid. These offences took place at his business Mixenden Mini Mart, 6 Dodge Holme Drive, Mixenden, Halifax, HX2 8PE.

Under the Trade Marks Act 1994, Mr Hussain was sentenced to 250 hours of unpaid work to be carried out within 18 months. He was also ordered to pay costs of £4399.81 and a surcharge of £114, totalling £4513.81. The offences relating to the tobacco products which were not in standardised packaging, did not have a health warning in English and the sale of a nicotine inhaling product to an underage person were taken into consideration when sentencing. A Forfeiture Order to enable the 716 seized items to be destroyed was also granted by the Court.

The case was launched after West Yorkshire Trading Standards Service received several complaints from members of the public that the business was selling vapes to children.

In August 2023, a 15-year-old volunteer entered the shop under the supervision of a Trading Standards Officer and asked to buy an e-cigarette. Mr Hussain sold a Crystal Prime 7000 Puff Blueberry Cherry Cranberry E-Cigarette to the volunteer for £10.00, without asking for identification or challenging their age. It is also an offence to sell a disposable electronic cigarette with a tank capacity that exceeds 2 millilitres, or about 600 puffs.

In September 2023, West Yorkshire Trading Standards Cheap and Illicit Tobacco team visited the business following complaints being received that cheap and illicit tobacco was available. They seized a quantity of Amber Leaf hand rolling tobacco which was not in standardised packaging and did not bear a Health Warning in English. A quantity of L & M Cigarettes was also seized which did not bear a Health Warning in English.

Mr Hussain was interviewed at a later date but answered no comment to all questions.

David Strover, Head of Trading Standards (Business Services), said “We are committed to the fight against illicit tobacco and vapes and the sale of e-cigarettes to under age children. By taking tough action and working with partners, this operation has taken a significant amount of illicit tobacco and vapes off the streets. Far from being a victimless crime, the illegal trade in tobacco costs government millions each year in lost revenue, makes it easier for children to start smoking, takes advantage of cash-strapped families, and helps fund organised crime. The business was previously warned that complaints had been received and that a test purchase with a child may follow, but the business went on to sell a vape to a minor despite the warning.”

Councillor Ann Kingstone, Member of the West Yorkshire Joint Services Committee which oversees the work of Trading Standards said “The illegal sale of tobacco and e-cigarettes to children in communities enables and encourages young children to start smoking.  It is really positive that so many partners are working to tackle traders that break the law.  I would like to thank members of the public for reporting illegal sales and encourage everyone to continue doing so to reduce the harm caused by tobacco in our communities.”.

If you need to report a trader selling cheap and illicit tobacco or selling an age restricted product to a child, please contact the Citizens Advice consumer helpline: 0808 223 1133 anonymously.  Anyone wanting help to quit can find their local Stop Smoking Service at https://www.nhs.uk/better-health/quit-smoking/