The former director of a Chatham shop must pay more than £500 after selling a vape to a 15-year-old boy, following action by Medway Council’s trading standards team.
On Wednesday, 8 February 2023, following a complaint from a resident, officers from Medway Council’s trading standards team visited Candy Shop in Chatham High Street to check what the business was doing to prevent the sale of vapes and other age-restricted products to children.
The director of the business, Zana Fatah, was present during this visit and was advised he should implement a ‘Challenge 25’ policy and check the ID of any customer who looks under 25 before selling them an age-restricted product, provide his staff with training on underage sales, and that he should keep a written log of all refused sales. He was also warned the business would face a test purchase in the following 28 days.
On Tuesday, 14 February 2023, Medway Council officers returned to Candy Shop, this time with a 15-year-old volunteer who attempted to buy a disposable vape. Despite the earlier warning, Mr Fatah sold the boy an e-cigarette without taking any steps to ascertain his age, such as asking for photo ID. Candy Shop was one of four businesses tested that day, with the other three all correctly refusing to sell to the volunteer.
When interviewed by Medway Council officers, Mr Fatah conceded he had been the seller but denied any memory of making the sale. He said he was no longer involved in the day-to-day running of the business.
Appearing at Medway Magistrates’ Court on Tuesday, 18 June 2024, Mr Fatah plead guilty to an offence under the Children and Families Act 2014. With credit for his guilty plea, he was fined £120, ordered to pay £400 towards Medway Council’s costs in bringing the case, and pay a statutory victim surcharge of £48. This leaves Mr Fatah with a total of £568 to pay.
Prepared to take enforcment action
Adam Bryan, Medway Council’s Director of Place, said: “Medway Council’s trading standards officers will always seek to work with businesses in the first instance to help them meet their legal obligations around underage sales. However, where their advice is not heeded, they are prepared to take appropriate enforcement action, which may include formal warnings, calling for licence reviews where applicable, or taking traders to court.
“Businesses must have robust procedures in place to prevent the sale of age-restricted products to children, and should be aware that these may be tested with underage volunteers. Any businesses who need advice around underage sales should contact the trading standards team.”
To report the sale of age-restricted products to children, residents can phone the underage sales hotline on 01634 334455, or email the team at consumer.protection@medway.gov.uk.