Taunton shop fined more than £2,000 after illegal sale
A shopkeeper in Taunton has been ordered to pay more than £2,000 after an employee sold a vape pen to an underage shopper. Vijaya Bhaskar Reddy Malapati, 38, owner of Reddy's News in Priorswood Place, is the third business prosecuted by Devon County Council for selling vapes to minors in as many months.
Reddy's News was one of several stores visited by the Heart of the South West Trading Standards Service as part of a purchasing test operation based on information from local's complaints. Two trading standards officers who were in the shop witnessed an employee sell a disposable cherry Elf Bar to a 15-year-old volunteer in February this year.
At no point during the sale did the assistant ask for identification, proof of age or ask the volunteer how old they were. Following the sale the officers spoke to the seller who denied he was an employee and said he was "helping out" Mr Malapati.
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When the officers asked what measures were in place to stop the sale of vapes to minors, Devon County Council said the seller did not appear to know about such measures but said he had been verbally told not to sell to children.
Mr Malapati, director of Reddysgroup Ltd, which owns and runs Reddy’s News, pleaded guilty on behalf of his company at Taunton Magistrates’ Court on Tuesday, October 8. He said he had not been on the premises at the time the sale was made and had sacked the employee who sold the vape.
He added that he has now provided training to staff and put in place a No ID, No Sale policy. The Chair of the Bench said that as owner Malapati had a responsibility to ensure vapes were not sold to children. Reddy's News and Mr Malapati has been ordered to pay £2,326 - he was fined £883 (reduced from £1250 for an early guilty plea), with a £333 surcharge and has to pay full costs of £1160.
Reddy's News is the third business to be prosecuted in as many months. It follows a Bridgwater business which was sentenced in August and one in Paignton in September.
Alex Fry, the operations manager for Heart of the South West Trading Standards service said: “The bright colours and sweet flavours of vapes are attracting young people and so it is essential that store owners ensure that they do not sell these products to children and that systems are in place to prevent that from happening.
“In this case there were no procedures in place and the employer had not trained the employee and that led to the prosecution. We will continue to respond to community concerns in this area, prioritising the health and wellbeing of residents and our young people.
“Where premises fail test purchase operations, we will take a good look at the measures which were in place before deciding what action to take. In this case the employee was given ample opportunity to ask for ID and he did not.
“Retailers must understand that selling age restricted products to a minor is an offence and by doing so they are gambling with their livelihoods.”