Leeds shop sells electronic cigarette to a child
Friday 23 August
On the 22nd August 2024, E & G Ltd who operate the business Raja Brothers, 105 Lodge Lane, Leeds LS11 6EP, did not attend Kirklees Magistrates Court and the company was found guilty in its absence of the sale of an electronic cigarette containing nicotine to a child under the age of 18, an offence under the Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015. The company was fined £1000, with a victim surcharge of £400 and costs awarded of £2134.
After the sale Naheem Ejaz, a Director of the company, attended a formal PACE interview and confirmed that the seller Nadim Ejaz was not employed by the business and had received no training. Also that no refusals log is kept by the business.
The seller of the e-cigarette, Mr Nadim Ejaz from Leeds did attend Kirklees Magistrates Court regarding the sale an electronic cigarette containing nicotine to a child under the age of 18. Mr Nadim Ejaz pleaded guilty to committing the offence and was fined £120 which had been reduced for a guilty plea, and was ordered to pay a victim surcharge of £48. No costs were awarded against Mr Ejaz.
The case was launched after West Yorkshire Trading Standards Service received complaints about the premises selling electronic cigarettes to underage children. On 5th January 2024 a 15-year-old volunteer entered the shop, under the supervision of a Trading Standards Officer, and asked to buy an Elf Bar 600. They were able to buy an Elf Bar 600 Watermelon flavour disposable electronic cigarette for £5 without being challenged about their age or asked for any form of ID by the seller. It is an offence to sell electronic cigarettes to a person under the age of 18.
Mr Nadim Ejaz was interviewed later. During the interview he admitted to the sale of the electronic cigarette and that it was a mistake. He added that he was covering for a family member who had gone to Friday Prayers and that he was not employed by Raja Brothers, but did cover occasionally over several years, but had not worked in the shop since. He had not received any training but had worked in the shop for ten years.
David Strover, Head of Trading Standards (Business Services) said, “we wrote to this business to make them aware of a complaint we had received and informed them a test purchase may follow. We would advise business owners to ensure they ask for identification for all younger customers who look under 25, as we do make regular test purchases to investigate complaints about underage sales from members of the public.”
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 e-cigarette 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.