Elland trader guilty of underage sale of electronic cigarettes and supplying oversize disposable electronic cigarettes

Friday 1 November

On the 31st October 2024, R & S Mini Store Ltd, 73 Southgate, Elland, now R & S Mini Grocers Store Ltd, and Rawand Saleemi appeared at Bradford and Keighley Magistrates Court to answer the charges of selling two disposable electronic cigarettes to a 15-year-old child. The tank size of the electronic cigarettes was also over the maximum permitted capacity of 2 ml. A representative of R & S Mini Grocers Store Ltd failed to attend the court and the case was heard in their absence The Magistrates found the company guilty of the offences under the Tobacco and Related Products Regulations 2016 and the Nicotine Inhaling Products (Age of Sale and Proxy purchasing) Regulations 2015 and imposed a fine of £770, victim surcharge of £308 and costs of £1358-15 totalling £2436.15 for the company. The Director of R & S Mini Store Ltd, Rawand Saleemi pleaded guilty to the offences under the Tobacco and Related Products Regulations 2016 for the oversize e-cigarettes. The Magistrates gave credit to Mr Saleemi for entering an early guilty plea. Mr Saleemi was issued with a fine of £230, a victim surcharge of £92 and costs of £1358 totalling £1680.

 

The case was launched after West Yorkshire Trading Standards received a complaint regarding the premises selling electronic cigarettes to children under the age of 18.

 

In August 2023, a 15-year-old volunteer entered the shop, under the supervision of a Trading Standards Officer, and asked to buy two electronic cigarettes. The seller sold a Hayati Pro Max 4000+ Mad Blue electronic cigarette and a Hayati Pro Max 4000+ Fizzy Cherry electronic cigarette for a total of £24, without asking for identification or challenging his age. It is an offence to sell an electronic cigarette to a person under the age of 18. Mr Saleemi was interviewed later when he admitted on behalf of the company that the sale happened and as Director that he had sold non-compliant electronic cigarettes.

 

Mr Saleemi stated he and his wife are the only employees of the company and that he had received no formal training in the sale of electronic cigarettes as he had previously worked in a Halal Butchers. The business had not taken steps to ensure the e-cigarettes on sale were legal, had no written procedures for their sale, or a record of refusals.

 

David Strover, Head of Trading Standards - Business Services Team 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. The health risks associated with juvenile use of vapes should not be underestimated. Vapes are an adult product suitable for 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. 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 vapes and tobacco in our communities.”

 

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 vapes to children is totally irresponsible - I would urge all shopkeepers to ask for identification and ensure sales are not made to those under 18.  Trading Standards do follow up complaints with test purchases, and those breaching the law will be investigated.”

 

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.