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Two prosecutions for underage vape sales in Walsall

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Two Walsall town centre retailers have been fined for selling vapes to underage children.

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Two Walsall town centre retailers appeared at Dudley magistrates Court on 7 December after being caught by Walsall Council’s Trading Standards team selling vapes to underage children during recent test purchasing exercises.

33-year-old Paul Brennan of Brays Road, Sheldon, Birmingham, pleaded guilty to selling a vape containing nicotine to a person under the age of eighteen when working at Bits and Bobs on Park Street in Walsall.

During the Trading Standards exercise in February 2022, officers sent a 15-year-old volunteer into Bits and Bobs following complaints that vapes were being sold to children.

The volunteer was sold a vape without being asked his age or for ID. An officer in the store witnessed the sale and shortly after returned to the store and identified Brennan as the seller. In court, Brennan stated he is an alcoholic and was paid a small amount of cash to feed his addiction each time he worked at the store and had received no training about underage sales.

Brennan was given a 12-month conditional discharge and ordered to pay £300 towards costs and £22 victim surcharge.

Then it was the turn of Adz Vapes Ltd, represented by company Director Mr Mohammed Ali who entered a guilty plea on behalf of the company.

The illegal sale was made by employee Hasan Ijaz, who said it was his first week working in the shop when the test purchase exercise took place. He said that he was alone when the shop became busy and became flustered, but he acknowledges he nonetheless should have undertaken the necessary age-related checks.  Mr Ijaz stated he has since undertaken full training.

Mr Ijaz was fined £120 and ordered to pay £300 in costs and £34 victim surcharge

For the offence of selling a nicotine vape product to a person under 18 the business was ordered to pay a £2000 fine (reduced from £3,000 because of early guilty plea) plus £821 in costs and a victim surcharge of £190.

“ Being careless and not taking the simple step of asking for ID has cost these businesses, and the individuals responsible, dearly. I hope it serves as a lesson to always be vigilant when selling age restricted products so we can ensure they aren’t getting into the hands of children. A big well done to the Trading Standards team and the volunteers involved for their hard work ensuring businesses are being held to account. “

Councillor Mike Bird, Leader
Walsall Council

ENDS

 

Notes to editors

Selling a nicotine containing vaping product to a person under the age of eighteen is an offence under Regulation 3 of The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 and Section 92(2) of the Children and Families Act 2014. Punishment is a fine of up to £2500

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