Horsforth retailer guilty of supplying illicit tobacco and oversize e-cigarettes
Thursday 2 November
On the 31st October 2023, Yalaw Shop Limited trading as The Yellow Shop, Station Road, Horsforth appeared at Kirklees Magistrates Court to answer a case brought by West Yorkshire Trading Standards Service (WYTSS) for having for sale counterfeit cigarettes and tobacco along with cigarettes and tobacco which were not in plain packaging or carrying the Health Warning in English. The Company also had for sale disposable electronic cigarettes which had a tank capacity in excess of 2 ml and nicotine strength greater than 20 mg/ml as laid down by regulations. Khabat Ahmad, the Director of the company Yalaw Shop Limited, pleaded guilty to committing the offences under the Trade Marks Act 1994, the Standardised Packaging of Tobacco Products Regulations 2015 and The Tobacco and Related Products Regulations 2016. The Company was fined £4000, the Magistrates having given the company the benefit of a guilty plea. The Company was also ordered to pay a surcharge of £1600 and pay costs of £2753.36.
The business was known to West Yorkshire Trading Standards Service (WYTSS) with the Service having received complaints about the premises selling cheap and illicit tobacco.
In August 2022 officers from WYTSS Cheap and Illicit Tobacco Team visited The Yellow Shop following complaints being received that cheap and illicit tobacco was available. 88 packs of cigarettes were seized along with 618 disposable electronic cigarettes whose capacity was in excess of the 2 ml and 20 mg/ ml strength of nicotine. A second seizure was made November 2022 when a further 87 packs of cigarettes and 2 packs of hand rolling tobacco were removed from sale along with 165 disposable electronic cigarettes.
Yalaw Shop Limited were interviewed under caution and they did accept that they knew the cigarettes and tobacco were illegal. The business had not taken steps to ensure the e-cigarettes on sale were legal and therefore pleaded guilty to all offences.
David Strover, West Yorkshire Trading Standards Manager said, “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 including human trafficking. 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 in our communities.”
Councillor Pauleen Grahame, Member of the West Yorkshire Joint Services Committee which oversees the work of Trading Standards said, “All tobacco is harmful, but the supply of illegal tobacco seriously undermines the drive to reduce smoking, fuels organised criminality and is often a gateway for young people to becoming addicted to a habit which prematurely kills over half its users.”
Consumers wishing to report illegal trading practices, including the sale of illegal tobacco and vapes can call the Citizens Advice Consumer Helpline on 0808 223 1133 to report their concerns - this can be done anonymously.