Suspended sentence for c-store owner for selling laughing gas cans

A convenience store owner in Warwickshire has been sentenced for supplying and intent to supply nitrous oxide.

Vijayaratnam Kugathasan who runs All in One, a convenience store on Blackwood Avenue in Rugby has been sentenced for two offences of supplying nitrous oxide and one offence of possession with intent to supply nitrous oxide.

Warwickshire County Council Trading Standards launched an investigation after Rugby Borough Council’s community safety wardens reported local community concerns that the store was selling nitrous oxide (often known as laughing gas) for recreational use as a psychoactive drug.

Undercover trading standards officers (TSOs) confirmed this by purchasing nitrous oxide cannisters from the shop, together with balloons (used to inhale the gas) and cracker devices (used to open the cannisters) on two occasions.

TSOs and Warwickshire Police then carried out a shop inspection and seized 384 small cannisters of nitrous oxide, seven large fast gas nitrous oxide cannisters (and nozzles), 20 cracker devices and multiple packets of balloons.

At Warwick Crown Court on Nov 27, Kugathasan was sentenced to an 18-month term of imprisonment, suspended for 12 months, and ordered to complete 240 hours of unpaid work. He was also required to pay £2,000 towards prosecution costs and pay a victim surcharge.

Kugathasan had pleaded guilty to two offences of supplying a psychoactive substance and one offence of possession with intent to supply a psychoactive substance under the Psychoactive Substances Act 2016 at a previous hearing.

On sentencing, HHJ Campbell, presiding, said Kugathasan had hidden the drugs under the shop counter and in bin bags and had no doubt he knew he was selling nitrous oxide illegally to the public. She further stated that nitrous oxide is illegal to sell to the public because it is dangerous and particularly to those with respiratory issues and its use had contributed to a fatality.

Warwickshire County Councillor Andy Crump, Portfolio Holder for Community Safety said, “I’m delighted that our Trading Standards Service acted quickly and decisively after concerns were raised by the local community that this Rugby store was selling nitrous oxide.

"This prosecution will help protect the health of Rugby people and sends a warning that the sale of nitrous oxide for recreational use will not be tolerated.”

In mitigation, Mr Halepas, representing the defendant said that his client had both pleaded guilty and co-operated with Trading Standards by providing business records and invoices. He further stated that Mr Kugathasan had now lost his good character.

The Judge ordered forfeiture and destruction of the psychoactive substances and paraphernalia seized by Trading Standards.