On the 18th May 2023, Wibsey Local Ltd. of High Street Wibsey appeared at Bradford 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 illegal 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. Mr Muhammad Nabaaz, the Director of the company Wibsey Local Ltd, pleaded guilty to committing the offences under the Trademarks Act 1994, the Standardised Packaging of Tobacco Products Regulations 2015 and The Tobacco and Related Products Regulations 2016. The company was fined £8000, the magistrates having given the company the benefit of a guilty plea. The company was also ordered to pay a surcharge of £190 and costs of £5000. Muhammad Nabaaz will be sentenced later following a report from the Probation Service.
The business was known to Trading Standards with the Service having received complaints about the premises selling cheap and illicit tobacco.
In November 2021 Officers from WYTSS Cheap and Illicit Tobacco Team visited Wibsey Local following complaints being received that illegal tobacco was available. 365 packs of illegal tobacco and 113 packs of hand rolling tobacco were seized along with 2000 illegal disposable electronic cigarettes whose capacity was in excess of 2 ml and the maximum permitted 20 mg/ ml concentration of nicotine.
Wibsey Local Ltd declined the offer to be formally interviewed but did plead guilty knowing that 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 those offences.
The Tackling Illicit Tobacco for Better Health Programme, funded by the five West Yorkshire Public Health departments, is helping people to stop tobacco use for good by educating the public and by investigating traders who supply cheap and illicit tobacco. The initiative uses multi-agency enforcement and community marketing campaigns to tackle the problems of the illicit trade.
To date the programme has taken more than 10 million illicit cigarettes and 3 tonnes of illicit hand rolling tobacco off the streets of West Yorkshire. With more inspections planned in the coming weeks, these figures are set to increase. Training sessions with thousands of members of the public and hundreds of front line professionals have been delivered to raise awareness about the dangers and wider criminality associated with the supply of illicit tobacco.
David Strover, Trading Standards Manager - Business Services Team said, “Members of the public should recognise the adverse health, economic and social impacts of the illicit trade of tobacco products, including the linkages with human trafficking and organised crimes. 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 and takes advantage of cash-strapped families. We are pleased the Court has imposed a significant fine on the company.”
Councillor Sue Duffy, Deputy Chair of the West Yorkshire Joint Services Committee that oversees the work of Trading Standards said, “Tobacco control legislation is in place for a reason, to reduce the harm caused by the products concerned - shops flouting the law regarding illicit vapes and tobacco will be investigated.”
Consumers wanting to report a trader selling cheap and illicit tobacco or illegal vapes please contact the Citizens Advice consumer helpline: 0808 223 1133 anonymously.
Anyone wanting help to quit can find their local Stop Smoking Service at www.nhs.uk/better-health/quit-smoking/