A city centre shop that sold vapes to children on multiple occasions has been ordered to close for three months.
Several warnings and seized stock worth thousands of pounds wasn’t enough to deter Phone Gadget, on Silver Street, in Durham City, from selling products illegally.
But now the shop has been told by a court to close its doors following a successful application by Durham County Council, which was acting in response to 19 complaints about the premises.
The court also heard that hundreds of illegal vapes and illicit tobacco were removed from the premises over various visits. On one occasion, goods worth more than £2,800 were seized, with these hidden under the counter and in a cupboard.
Ian Harrison, the council’s business compliance manager, said: “Selling vapes to children is illegal and something we simply will not tolerate in County Durham as it is damaging to young people’s health and increases the chances of them getting addicted.
“This premises was also found to be selling illegal tobacco products which, as well as their health implications, can also attract criminality to our communities. We are pleased the court has granted a closure order and hope this serves as a warning that we will take action wherever we can to stop vapes being sold to children and to tackle the supply of illegal tobacco.”
Newton Aycliffe Magistrates’ Court heard how between May 2022 and December of last year, the council received 19 complaints about the sale of illegal vapes and the sale of age restricted products to under-18s.
In August 2022, the owner of the shop – who was also sole director of the business liable for the premises, and the business, were given advice.
Yet in September 2022, local authority officers recovered 69 vapes from the shop which were illegal because their tank sizes exceeded the two millilitre tank size limit. On the back of this, the owner and business were given a warning.
However, during a test purchase in April 2023, a 15-year-old child was sold a vape. Officers recovered 203 illegal vapes from the premises.
In January of last year, the owner was prosecuted for the offences from April 2023 namely selling counterfeit products; selling products without health warnings; selling non-compliant e-cigarettes; and selling e-cigarettes to a child under the age of 18.
Further test purchases in May and July of last year again resulted in underage children being sold vapes.
In December, the owner and the business were prosecuted for the offences from May and July namely selling nicotine products to a child under the age of 18. However, two days after the court hearing and again last month, test purchases were carried out in which illegal higher tank capacity vapes were sold.
On the day of the second test purchase, 123 illegal vapes were recovered, together with counterfeit tobacco products and tobacco products not bearing the required health warnings and standardised packaging. The total street value of the cigarettes and vapes seized from the premises was £2,844.
The illegal tobacco and vapes recovered from the premises were not on display like other vapes inside the premises. They were found under the store counter out of sight and also concealed within a cupboard.
Magistrates were told consultation had been carried out and that the council’s neighbourhood wardens and Durham Constabulary both supported the closure of the shop.
(Image: Durham County Council)
The court was also told Newcastle City Council has been aware of the owner since 2016.
A shop he owned in its area had been found to sell illegal vapes to children, illicit tobacco and counterfeit laptop chargers.
In court the owner said he had trusted someone else to run the shop for him and had spoken to that person following the incidents. He told magistrates he had subsequently changed his staff and knew to ensure that ID is asked for.
As well as the closure, magistrates ordered the owner to pay costs of £1,709.
Inspector Dave Clarke, from Durham City Neighbourhood Team, said: “We had a number of complaints from concerned parents about this shop, which allow us to build up an intelligence picture and take enforcement action alongside our key partners. We hope this assures the public that their concerns are listened to and acted upon.”
View news Source: https://www.chroniclelive.co.uk/news/north-east-news/durham-city-centre-vape-shop-30924228
