Devon shop owner ordered to pay £3,500 after selling vapes to child
A Devon shop owner has been ordered to pay more than £3,500 after he admitted selling vapes to a child. Andrew Hawkins, of Redeye Vapour in Torbay Road, Paignton, admitted he "hadn’t really looked up" when serving.
Newton Abbott Magistrates Court heard the 44-year-old admitted selling two ‘Cotton Candy Ice’ vapes to a volunteer in February who was part of a test purchasing exercise. When shown a photograph of the volunteer he said he thought they looked "about seventeen".
This was despite his operating a Think 21 scheme in the store, which requires that age verification checks are carried out. Hawkins told magistrates that he now operates a strict, ‘No ID, No Sale’ policy.
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He acknowledged that teenagers using vapes was a problem and that some parents buy them for their children. The chair of the magistrates bench pointed out that proxy selling is also an offence under the regulations and that he should take extra care to avoid this in future.
Hawkins was fined £1,000, reduced from £1,500 for his early guilty plea, and a victim surcharge of £400. Full costs of £2,150 were awarded, A collection order was made to ensure payment.
Trading standards bosses have now urged the owners of shops that sell vapes to review their procedures for selling age restricted goods to minors.
'A basic failure'
Alex Fry, operations manager at Heart of the Southwest Trading Standards Service, which covers Devon as well as Plymouth, Torbay and Somerset councils, said: “The business is a dedicated vape shop and should have had rigorous procedures in place to prevent sales to children. The bright colours, sweet flavours and names such as ‘Cotton Candy Ice’ attract young people, so it is essential that store owners ensure that they do not sell these products to children.
“In this case it was a basic failure in that he didn’t really look up when he served the volunteer. I urge traders to review and follow their procedures."
It is the second prosecution for selling vapes to an underage customer in the area covered by the trading standards service in as many months. Another shop owner in Bridgwater, Somerset was sentenced in August.
Councillor Rufus Gilbert, Devon County Council’s cabinet member for economic recovery and skills said: “I want to again remind businesses of their responsibilities; it is against the law to sell age restricted goods to under 18s and again a shopkeeper failed to carry out an ID check and again they have been prosecuted.
“Those who do not follow the regulations are putting their livelihood at risk and we will take court action where necessary. The most effective way to safeguard your businesses is to ask for ID. It’s such a simple thing to do."
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