Leeds vape shops caught selling e-cigarettes to children
“The sale of vapes to children should not be happening within our communities”
A Leeds city centre retailer that was caught selling e-cigarettes to children has been fined £17,000.
The business, DV News Ltd, was also found to have illicit disposable vapes, West Yorkshire Trading Standards (WYTS) said.
Muhammed Zubair Khan, the director of the company, appeared at Bradford Crown Court on Monday (October 12) for sentencing having pleaded guilty to offences under the Tobacco and Related Products Regulations 2016, The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 and the Children and Families Act 2014.
Mr Khan was sentenced to 8 months imprisonment, suspended for 2 years and ordered to pay fines totalling £8,000, to be paid in 6 months.
DV News Ltd was fined a total of £17,000 to be paid in 6 months.
In January 2024 officers from WYTS visited vape shops Daniels and DV Vapes, both located on The Headrow in Leeds city centre, and both run by DV News Ltd, following complaints being received about the sale of illicit disposable E-cigarettes and the sale of E-cigarettes to children.
During the visits, a total of 15,522 illicit disposable E-cigarettes, with a retail value of around £155,000, were discovered and seized by officers. The disposable electronic cigarettes had a tank capacity that was in excess of the 2ml limit prescribed by the Regulations.
In April of that year, a 13-year-old volunteer entered Daniels, under the supervision of a Trading Standards Officer and asked to buy a vape. The seller sold a Strawberry Ice Elf Bar disposable e-cigarette to the volunteer for £5, without asking for identification or challenging their age.
A representative of the DV News Ltd attended an interview under caution. He confirmed he was able to speak on behalf of the company in his capacity as manager. He said that he was aware of the Regulations in relation to E-cigarettes, but that due to competition in the city centre, felt that if the shop did not sell non-compliant e-cigarettes, it would go bankrupt.
In relation to the underage sale, the representative admitted that he was responsible. He said that he was responsible for training members of staff, but could not provide any evidence of training and there were no written procedures in place.
He said that the member of staff who had sold to the child test purchaser had only been employed for around a month and should not have been left alone in the shop.
Linda Davis, West Yorkshire’s Head of Trading Standards – Protecting Communities said: “We are committed to the fight against illicit vapes and tobacco. By taking tough action and working with partners, this legal action has taken a significant amount of illicit vapes off the streets.
“Far from being a victimless crime, the illegal trade in vapes and tobacco costs the government millions each year in lost revenue, and helps fund organised crime.
“The sale of vapes to children should not be happening within our communities. We wrote to this business to make them aware of complaints we had received and informed them a test purchase may follow. The health risks associated with juvenile use of vapes should not be underestimated.”
She continued: “Vapes are an adult product suitable for ex-smokers – the sale to, and use by, children are not acceptable. Shops need to ensure they have systems in place to avoid selling vapes to minors and train their staff accordingly.
“I would like to thank all the partners and members of the public for reporting illegal sales and encourage everyone to continue doing so to reduce the harm caused by tobacco and vapes in our communities.
“This company continued to supply illegal oversize vapes after being advised to stop selling such items - we will not hesitate in taking action against traders who knowingly flout legislation regarding the safety of vapes.”
Councillor Angela Wallis 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 those products - shops found flouting the law and selling illicit vapes and tobacco will be investigated.”
In relation to the underage sale, she added: “It is clearly irresponsible not to check the age of teenage customers wanting to purchase age restricted goods. The simple task of asking for identification and verifying the age of younger customers would help to reduce underage vaping and tobacco use.”
If you have information about a trader selling cheap and illicit tobacco or vapes or selling age restricted products to children, please contact the Citizens Advice consumer helpline: 0808 223 1133 - this can be done anonymously.