Rohan Mini Market in Consett ordered to close over illegal vapes

Durham County Council has successfully applied to have Rohan Mini Market, in Consett, closed after two separate visits to the premises on the same day resulted in the discovery of more than £3,500 worth of illegal products.

A court has granted the closure after hearing these products included vapes with capacities five or six times the legal limit.

Gary Carr, the council’s strategic regulation manager, said: “We were naturally concerned when we were told this shop was selling illegal vapes and tobacco to underage children.

“Our officers took swift action which unearthed more than £3,500 of illegal products, including vapes which had capacities five or six times the legal limit, with these items recovered in separate visits on the same day.

“Illegal tobacco and vapes can be damaging in many ways. As well as the serious health risks they pose risk to people, they can, as was feared in this case, make it easier for young people to purchase illicit products.

“While the majority of traders in County Durham operate within the law, we hope this closure order will act as a reminder to those that don’t that they will face the consequences if they act in a way that harms our communities.”

Newton Aycliffe Magistrates Court heard council officers had cause to visit the area of Consett where the mini market is located.

While speaking to people, it was mentioned that the shop, on Medomsley Road, was selling vapes to underage children.

Officers visited the business and 115 non-compliant vapes (electronic cigarettes) were seized. The business owner was given advice concerning the sale of these products and age-restricted sales.

The court was told that in April this year, community-based intelligence suggested that illicit tobacco products and non-compliant electronic cigarettes were continuing to be sold to children from the premises.

Test purchases took place on April 16, May 3 and May 8. On each occasion, the tobacco products sold were cigarettes labelled as either Richmond or Lambert & Butler but which were believed to be counterfeit as they were in non-standardised packaging.

A further test purchase on 23 April related to an electronic cigarette containing a volume of nicotine liquid above the legal limit of 2ml.

As a result of the test purchases, an inspection of the premises took place on May 8. In the rear stock room, a man was found standing next to a suitcase and a black holdall which were full of illicit tobacco products and non-compliant vapes.

The man said he was visiting the mini market but, magistrates heard, it was believed that he was the manager of the shop.

The following products were seized from the premises:

• Fifty packets of Richmond and Lambert & Butler cigarettes and five pouches of Amber Leaf hand-rolling tobacco. All contravened the requirements for standardised packaging and health warnings and were believed to be counterfeit, which contravenes the Trade Marks Act 1994.

• 28 packets of Esse Change cigarettes. Duty had not been paid on these and they were not meant for sale in the United Kingdom. They also did not comply with the regulations on standardised packaging and health warnings.

• 172 electronic cigarettes. All had a vessel capacity of either 10ml or 12 ml - five or six times the prescribed 2ml limit, contravening the Tobacco and Related Products Regulations 2016.

The retail value of the products seized was £2,205.

Magistrates went on to hear that officers had cause to carry out a further inspection of the mini market later that afternoon.

During this, a man, who earlier in the day said he was working in the shop, was caught filling a suitcase with illicit tobacco products and non-compliant electronic cigarettes.

Officers seized:

• Thirty packets of Richmond and Lambert & Butler cigarettes and 10 pouches of Amber Leaf hand-rolling tobacco. All contravened the requirements for standardised packaging and health warnings and were believed to be counterfeit, which contravenes the Trade Marks Act 1994.

• 10 packets of Esse Change cigarettes. Duty had not been paid on these and they were not meant for sale in the United Kingdom. They also did not comply with the regulations on standardised packaging and health warnings.

 • 108 electronic cigarettes. All had a vessel capacity of either 10ml or 12 ml - five or six times the prescribed 2ml limit, contravening the Tobacco and Related Products Regulations 2016 .

The retail value of the items seized was £1,365, taking the total worth of confiscations from the premises that day to £3,570.

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Magistrates also heard the business owner, who was not in court, had told the council by email that he had been out of the country during the April and May visits. He said he did not know the man who told officers he was working in the shop and said he always ensured he operates legally.

As well as granting the closure order, magistrates ordered £1,709 be paid in costs to Durham County Council.

• Anyone who wishes to pass on information anonymously about the sale of illicit tobacco, can contact Keep it Out on 0300 999 00 00 or visit www.keep-it-out.co.uk For support on quitting smoking, contact Smoke Free County Durham on 0800 772 0565 or at www.smokefreecountydurham.co.uk.