Council cracks the whip on traders selling vapes and cigarettes to underage buyers issuing at least £2600 in fines and issuing banning orders
Concerns are being voiced amid “worrying findings” about the sale of tobacco products to those under the age of 18 across the Highlands – with the sale of vapes nearly twice as prevalent.
Highland Council’s trading standards team used underage buyers to test whether shops would sell tobacco products to them and 13 did, leading them each to be issued with a £200 fixed penalty notice.
But it was the stats behind the tests that were most concerning to trading standards amid mounting fears that while many young people do not smoke, many of them vape.
In Scotland you have to be 18 or older to buy a tobacco-related product like vapes and cigarettes but 13 shops out of 52 tested in Skye, Easter Ross, Inverness, Badenoch and Strathspey went through with the sale.
That was an overall “failure” rate of 25 per cent but when split by product the results show a significant difference with cigarettes having a failure rate of 17 per cent while vapes had the “alarming” failure rate of 33 per cent.
Aside from the Fixed Penalty Notices for £200, premises that failed to have an Age Verification Policy – also known as Challenge 25 – were fined £400 and each time a Fixed Penalty Notice is issued, the amount of the fine increases by £200.
If three or more Fixed Penalty Notices are issued in a two-year period, then a Tobacco and Nicotine Vapour Product Banning Order can be sought from the Sheriff Court, which could lead to a ban on selling tobacco and vapes for up to two years.
Trading standards have already issued two banning orders this year after traders refused to heed the warnings and “repeatedly sold vapes to underage young people and were the subject of numerous complaints from the public”.
Other investigations are ongoing and further applications for banning orders are pending.
David MacKenzie, trading standards manager said: “It is extremely disappointing that one in three retail premises sold vapes to our young volunteers. Most local businesses that sell tobacco and vapes have worked with our officers to ensure that they comply and keep people safe but unfortunately there have been sellers who have acted irresponsibly.
“We will always take firm action against those that flout these important public protection and child safety laws. This includes issuing Fixed Penalty fines and ultimately applying to the Sheriff Court for a Banning Order where retailers repeatedly fail a test purchase or otherwise fail to meet their legal responsibilities. We will also continue an extensive programme of advisory visits to shops and ‘test purchases’ using young volunteers”.
He added: “Every shop that sells tobacco and vapes must have an Age Verification Policy. This is the agreed steps that have been put in place by a retailer to ensure that any customer for tobacco and vapes who appears to be under 25 is asked for proof of age.”
