Leeds Retailer in Court

On 28th November 2024, Mr Allah Ditta Sheikh of Leeds appeared at Kirklees Magistrates Court to answer charges relating to the sale of a disposable e-cigarette to a 15-year-old child at Sheikh General Store, 247 Dewsbury Road, Leeds, LS11 5HZ. It is an offence to sell an electronic cigarette containing nicotine to anyone under 18. The electronic cigarette itself was illegal as it was oversized, containing more than the permitted 2ml of nicotine liquid.

Mr Sheikh pleaded guilty to offences under the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 and the Tobacco and Related Products Regulations 2016. The Magistrates issued Mr Sheikh with a fine of £733. Mr Sheikh was also ordered to pay a victim surcharge of £293 and costs of £840, totalling £1,866.

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 January 2024, a 15-year-old volunteer entered the shop under the supervision of a Trading Standards Officer and asked to buy a vape. The seller sold an ELUX LEGEND 3500 puff Mr Blue disposable e-cigarette to the volunteer for £10, without asking for identification or challenging his age. It is an offence to sell electronic cigarettes containing nicotine to a person under the age of 18. It is also an offence to sell a disposable electronic cigarette with a tank capacity that exceeds 2 millilitres, or about 600 puffs.

Mr Sheikh was interviewed at a later date where he took full responsibility for the sale, and he accepted he was aware that the disposable e-cigarettes containing nicotine could not be sold to under 18s.    However he was not aware of the maximum volume permitted for disposable e-cigarettes. Mr Sheikh said that he had since implemented a series of age verification measures in the store and put up signage to remind customers about the age restriction on purchasing e-cigarettes. He also stated that he had destroyed his stock of over-sized electronic cigarettes.

David Strover, Head of Trading Standards - Business Services said, “the sale of vapes to children should not be happening within our communities. The business was previously warned that complaints had been received,  and that a test purchase may follow.  Retailers must ensure they implement rigorous systems to avoid the selling of vapes to minors,  and staff must be trained accordingly. I would encourage everyone to report illegal sales, including partners and members of the public, to reduce the harm caused by vapes and tobacco in our communities.”

Councillor Pauleen Grahame, 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.