Durham vape shop owner given suspended custodial sentence over illicit tobacco, vapes

A shop owner found with £5,620 worth of illegal tobacco products on his premises has received a suspended prison sentence and has been left more than £1,000 out of pocket.

As stated by Durham County Council on Monday (23), officers from community protection special investigations team executed a warrant of entry at Flavour Vapes in Newgate Street, Bishop Auckland, after the business failed two test purchases operations.

Magistrates in Newton Aycliffe heard that during the first test purchase operation, an employee of the shop was seen showing customers a range of five electronic cigarettes.

The undercover officer observed that the vessel size of the vapes contravened the Tobacco and Related Products Regulations 2016 and issued a warning.

The following month, a follow-up test purchase was conducted, and illegal cigarettes were purchased, leading to the warrant being executed.

Hardy Hassan, owner of Flavour Vapes, which has ceased trading, pleaded guilty to presenting for sale nicotine containing liquid within a disposable electronic cigarette in a volume exceeding 2ml, selling or distributing cigarettes and tobacco products bearing a sign identical to, or likely to be mistaken for, a registered trademark, supplying tobacco products which contravened packaging colour requirements and supplying tobacco products which contravened health warning requirements.

Hassan apologised and told the court he did not know the products were counterfeit. He was sentenced to a total of six months in custody, suspended for 12 months. He was also ordered to pay costs of £1,010.10 and a £154 victim surcharge.

Gary Carr, our strategic regulation manager, said: "The sale of illegal tobacco is a serious crime that causes significant harm to our communities. Not only does it have an adverse impact on the sales of law-abiding retailers, but it can attract other forms of criminality into local neighbourhoods.

"It also makes it easier for children to smoke due to the lower prices charged, and it robs the public purse of tax revenues that support vital services.

"Mr Hassan has left court with a prison sentence hanging over him. If he is caught trading in counterfeit goods again within the next 12 months, he will go to jail, and I hope this serves as a warning to others who flout the flaw."