Sowerby Bridge retailer in Court
Friday 25 October
On 23rd October 2024, Mr Waheed Hanif of Halifax appeared at Kirklees Magistrates’ Court to answer charges relating to the sale of a disposable e-cigarette to a 15-year-old child at Phone Locker, Town Hall Street, Sowerby Bridge, HX6 2QD. Both Waheed Hanif and his company Phone Locker Ltd were summoned to answer the charges regarding the supply of vapes to a minor. In addition, the item itself was illegal as it was oversized, containing more than the permitted 2ml of nicotine liquid.
Mr Hanif 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 on behalf of himself and as the director of the company. The Magistrates issued Mr Hanif with a fine of £346. Mr Hanif was also ordered to pay a victim surcharge of £138 and costs of £2,472.78, totalling £2,956.78.
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 February 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 Watermelon Cherry 3500 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 Hanif was interviewed at a later date where he took full responsibility for the sale and he said he was aware that the disposable e-cigarettes containing nicotine carried a minimum age restriction, however he was not aware of the maximum volume permitted for disposable e-cigarettes. Mr Hanif said that he had since implemented a Challenge 25 system in the store and put up signage to say customer’s ID may be checked before purchasing e-cigarettes. He also stated that he had removed all stock of over-sized electronic cigarettes from his shop.
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. Vapes are for adult use to help smokers kick the habit and the sale of these products to children is unacceptable. The risk to juveniles using vapes should not be underestimated, so retailers must ensure they implement rigorous systems to avoid selling vapes to minors, and staff working on tills 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 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.