Dudley businessman in court for stocking hundreds of illegal over-sized vapes
More than 400 illegal vapes were seized from a Dudley convenience store where a 15-year-old had been sold an e-cigarette.
The stock, which consisted of over sized tanks containing more that the legal two-millilitre liquid limit, was discovered at The Liquor Well, in Wren's Nest, in two separate checks in 2022.
Wolverhampton Crown Court heard that on September 23, 2022, Trading Standards officers confiscated 361vapes during a spot check. The following month, on October 27, a further 44 were found at the premises in Oak Park Road during a sting operation to crackdown on underage booze and vape sales.
Sally Cairns, prosecuting, said the items were discovered after a shop worker failed a test purchase by selling a disposable vape to a child and officers decided to search the premises.
Proprietor Karamjot Singh, who was not present in the store, was subsequently prosecuted for selling an e-cigarette to a child and a consumer offence relating to failure to provide employee information and CCTV. He was fined a total of £200 at Dudley Magistrates Court for those regulatory offences last year.
On Wednesday Singh appeared at the crown court to be sentenced after admitting the more serious offences of unfair commercial trading in relation to the discovery of the illegal vapes at The Liquor Well.
Miss Cairns said Singh was previously warned by Dudley Council about offering illicit vapes for sale, after 420 with over-sized tanks were seized from his town centre branch, The Dudley Drinks Stop, in Wolverhampton Street in July 2022.
"There are provisions for vapes to contain two millilitres or 600 puffs," said Miss Cairns.
"The seized vapes contained liquid for 3,500 puffs. When officers inspected the premises in October, it came to light that the defendant was warned about stocking illegal vapes at his other shop.
"Vapes are potentially dangerous and there are controls over how many puffs allowed. No vapes should be sold to under 18s. The test purchase was for a normal sized vape.
"There is legislation in place because of the dangers of sales of e-cigarettes in respect of young people," Miss Cairns added.
Jas Mann, defending, told the court that Singh, a former soldier, set up the businesses along with a delivery enterprise after leaving the army in in 2022.
"The shops were not being properly managed because he was running a courier business at the same time. He was keen to get into business and make some good money," said Mr Mann.
"He has since realised his mistake."
Judge Michael Chambers KC said there were no sentencing guidelines for vape offences and adjourned the matter for Singh, aged 29, to produce his financial accounts to the court.
The judge said: "This has clearly crossed the custody threshold.
"I have just carried out an internet search for vape sentences and to my surprise these vary in how they are dealt with. Some cases are more serious than others and it is clear that custodial sentences have followed.
"I also need some evidence of his financial accounts," he added.
Singh, of Roberts Road, Gornal also Dudley, will be sentenced next month.
The Liquor Well, formerly Old Park News & Mini Market, has since closed following a council licensing committee review that recommended that the shop supervisor be removed and staff given training.