Preston shop hit with tobacco and vaping ban following Trading Standards action
A Preston shop has been banned from selling tobacco and vaping products for three months after persistently selling nicotine products to underage buyers.
Lancashire County Council's Trading Standards officers sent in underage test purchasers, including a 15 year old wearing school uniform, to the shop, which was then known as EN Newsagents on Orchard Street in Preston.
Lancaster Magistrates heard that three sales of vapes to children, made during an 18-month period between 2022 and 2023, opened the door for them to impose a Restricted Premises Order. This penalty, reserved for shops that persistently sell nicotine products to youngsters, runs until midnight on August 12.
The shop, now rebranded as ON Newsagents, was formerly known as EN Newsagents, and was previously operated by a company known as Euro News Ltd. of which Arif Patel was sole director. But, in June 2014, the business was transferred to Arif's son, Bilal Patel, who rebranded the shop as ON Newsagents.
The first two of those sales had been made by an employee. But, in October 2023, Arif Patel had personally sold a vape to a 15-year-old girl without challenging her, even though she was wearing school uniform. That sale resulted in convictions under the Children and Families Act 2014 for Arif Patel and Euro News Ltd. in April 2024.
Sam Roxborough, barrister for the new owner, Bilal Patel, said that three more, recent, test purchases, which had been carried out since his client had taken over the business, had all resulted in refusals to sell. He also told the court that a ban would have a devastating effect on the shop's ability to trade and could lead to employees being laid off or even force the business to close.
Granting Trading Standards' application, the Bench imposed a three-month ban prohibiting the shop from selling any cigarettes, tobacco, e-cigarettes or cigarette papers.
County Councillor Joshua Roberts, cabinet member for Rural Affairs, Environment and Communities, said:
“Restricted Premises Orders represent a significant deterrent against making underage sales. The court’s decision means that absolutely no tobacco or vapes can be sold at the premises until the order expires. Failure to obey the order risks an unlimited fine for the shop owner and any employee making a sale.
"We are pleased that the new owner did not sell any nicotine products to our underage test purchasers during operations carried out after they took over the business and hope that this will continue in the future.
"We are taking stringent action against all businesses who put Lancashire's children's health at risk.
"Anyone who has concerns about the sale of vapes or tobacco products can report them to Trading Standards via the Citizens Advice Consumer Service helpline on 0808 223 1133."
Lancashire County Council's Trading Standards officers are reminding high street shops and convenience stores that if any businesses have single-use vapes left after June 1, it will be against the law to sell these to shoppers and they must be disposed of safely.
Officers have been working with Lancashire's shops to help them to prepare for the law change and remind them to run down existing stocks before the ban comes into force.
If you are a business looking for advice on how to comply with the law in this area, find out more at Ditch single-use vapes as ban deadline looms - GOV.UK