Our trading standards service has prosecuted the owner of a vapes shop after he sold vapes to a customer under the age of 18.
The owner of the shop in Paignton pleaded guilty and he was ordered to pay fines and costs of £3,550
It’s the second prosecution for selling vapes to an underage customer in the service area in as many months after a shop owner in Bridgwater was sentenced in August.
Now shops that sell vapes are once again reminded to review their procedures for selling age restricted goods to minors.
Newton Abbott Magistrates Court (Monday September 23) heard that Andrew Hawkins, 44, the owner of Redeye Vapour in Torbay Road Paignton sold two ‘Cotton Candy Ice’ vapes to a volunteer in February who was part of a test purchasing exercise.
When Hawkins was interviewed under caution he accepted that he sold the vapes and that he ‘hadn’t really looked up’ when serving the volunteer.
When shown a photograph of the volunteer he said he thought they looked ‘about seventeen’ despite his operating a Think 21 scheme in his store, which requires that age verificationchecks are carried out.
He told the bench that he now operates a strict, ‘No ID, No Sale’ policy and acknowledged that teenagers using vapes was a problem and that some parents buy them for their children, and this is very difficult to manage.
The Chair of the Magistrates bench pointed out that proxy selling is also an offence under the regulations and that he should take extra care to avoid this in future.
Alex Fry, Operations Manager at Heart of the Southwest Trading Standards Service, said:
“The business is a dedicated vape shop and should have had rigorous procedures in place to prevent sales to children.
“The bright colours, sweet flavours and names such as ‘Cotton Candy Ice’ attract young people, so it is essential that store owners ensure that they do not sell these products to children.
“In this case it was a basic failure in that he didn’t really look up when he served the volunteer.
“I urge traders to review and follow their procedures.”
Councillor Rufus Gilbert, Devon County Council’s Cabinet Member for Economic Recovery and Skills said:
“I want to again remind businesses of their responsibilities; it is against the law to sell age restricted goods to under 18s and again a shopkeeper failed to carry out an ID check and again they have been prosecuted.
“Those who do not follow the regulations are putting their livelihood at risk and we will take court action where necessary.
“The most effective way to safeguard your businesses is to ask for ID. It’s such a simple thing to do.”
Hawkins was fined £1000, reduced from £1500 for his early guilty plea, and a victim surcharge of £400. Full costs of £2150 were awarded, A collection order was made to ensure payment.