By Adam Postans, Local Democracy Reporter
Trading standards and police seized 275 illegal vapes – including the largest oversized e-cigarette ever found in South Gloucestershire – from a convenience store in Mangotsfield, a panel of councillors heard.
The unlawful devices were “hidden from view” in crisps boxes with newspapers on top near the till at News Extra, also known as Londis News, in Burley Grove, after previously being on display for sale.
Shopkeeper Sabna Begum was taken to a licence review hearing by trading standards, backed by Avon & Somerset Constabulary, who asked for the business’s permit to sell alcohol to be revoked.
They also requested that Mrs Begum be removed as the designated premises supervisor (DPS).
But South Gloucestershire Council licensing sub-committee decided to suspend the premises licence for four weeks to give her “time to reflect and address” the “serious concerns”.
Solicitor Andrea Forrest, representing the premises licence holder, said Mrs Begnum had “taken her eye off the ball” at the store to raise children and left her husband Syed Ali to run it and that it was him who then ordered the illegal vapes.
Miss Forrest said “mistakes” were made but that their children were now old enough for the wife to take control of the shop again.
Mr Ali is the sole director of News Extra parent company Burley News Ltd but Mrs Begum is the premises licence holder and DPS so is responsible for day-to-day operations.
Trading standards senior enforcement officer Alan Cahill told the hearing on Thursday, July 25, that police received a complaint on April 11 that staff were selling non-compliant e-cigarettes to under 18s.
He said police and trading standards visited on April 29 and seized 275 illegal vapes, including one that was advertised as having 12 times the tank capacity – where the nicotine e-liquid is stored – allowed by law.
It had 24ml compared with the legal limit of 2ml, he said.
Mr Cahill said police licensing officer Wes Hussey also witnessed tobacco products openly on sale.
He said: “It’s a criminal offence to be in possession of non-compliant e-cigarettes and it is a criminal offence to openly display tobacco products.
“A criminal investigation is now underway into the 275 e-cigarettes seized from the premises, the tobacco issue and another trading standards-related offence.”
Mr Cahill said Mr Ali would be interviewed over the matter.
He said that in February 2022 trading standards seized 15 illegal disposable vapes from the store and gave advice about complying with the law.
“In the last couple of years we’ve received intel or complaints that the shop is allegedly selling e-cigarettes, tobacco products and alcohol to underage people,” Mr Cahill said.
“Trading standards believe that neither the premises licence holder, the business owner or perhaps some of the staff have any regard in meeting the ‘prevention of crime and disorder’ and the ‘protection of children from harm’ licensing objectives.
“In our opinion, Mrs Begum is not a fit and proper person to be DPS or to hold a premises licence.
“Trading standards would like to see the DPS and premises licence holder Mrs Begum removed and the premises licence revoked.”
In his licence review application, Mr Cahill said: “On this latest occasion the Hayati 15,000-puff devices were the largest oversize devices we have ever encountered in South Gloucestershire, advertised as containing 24ml nicotine e-liquid.
“The legal limit is 2ml making them 12 times over the legal limit.
“Many of the devices seized on April 29 are child appealing, in particular the Enjoy 9,000 puffs and the Twister Bar that are brightly coloured and look like drinks containers.”
Mr Hussey told the panel: “In April police received information in relation to the illegal sale of alcohol and vapes to underage children.
“One incident involved a 14-year-old girl who managed to buy some vodka.”
He said he visited the shop on April 17 when Mr Ali denied the allegations.
Mr Hussey said he saw a large amount of e-cigarettes on display including some which did not look legally compliant.
He said he accompanied trading standards 12 days later and found the suspicious vapes concealed in crisps boxes which were topped by newspapers.
“That tells me that there is some knowledge that they shouldn’t be selling these but they’ve hidden them in boxes away from public view and if people ask for them, they’re there very quickly to grab them and sell them,” he said.
“It’s the police’s concern that Mrs Begum has little or no involvement in the day-to-day running of the premises, she has no involvement in the sale of alcohol or the types of vapes being sold, so we have no confidence she is promoting the licensing objectives.
“We support the revocation that trading standards have asked for with the premises licence.
“We would also recommend that the DPS is removed.”
He said the business had not taken action despite multiple warnings.
Miss Forrest said the family had run the store for 21 years apart from a brief period in 2017-18.
She said: “Throughout these 21 years there has never been one test purchase where there’s been evidence of an underage sale.
“They’re all unfounded allegations.
“Over the years they have been refusing sales (to children).
“That said there were issues which brought us here today which is the purchase by the business of the non-compliant vapes.
“My client, Mrs Begum, the premises licence holder, had left her husband in charge of stock purchases and running the store, mainly due to the fact she was having children and bringing them up and she was concentrating on her children.
“They previously lived above the shop, so it was a lot easier for Mrs Begum when she had the children to pop downstairs and be in the shop, and now they’ve moved to another house.
“But the youngest child is now old enough for her to be able to take a more active role back in the business and is the sensible thing to do.
“My client has now taken over the stock ordering and control of the store to ensure compliance.
“It’s a very small business – husband and wife and one member of staff – so removing the DPS would close the business.
“That said my client had taken her eye off the ball due to having the children but she will be taking a more active role.
“This is not about deliberately flouting the law.
“The vapes found on the floor – Mr Ali contacted the supplier and asked for him to come and collect them.
“They weren’t deliberately hidden from view.
“The premises licence holder has made mistakes by allowing Mr Ali to have more control while her children were growing up.
“This is not going to happen going forward.”
She said Mr Ali made a mistake because of a lack of knowledge about illegal vapes.
Announcing the decision, panel chairman Cllr Alex Doyle said: “The sub-committee was very concerned by the findings of both trading standards and the police on their visit to the premises.
“The sub-committee was concerned that Mrs Begum showed a lack of understanding regarding her role and responsibilities as the premises licence holder and considered that a period of suspension would allow her time to reflect and address the issues raised by trading standards and the police.”
South Gloucestershire Council said afterwards that no arrests had been made.
(Local Democracy Reporting Service)
