Local shopkeepers urged to ‘ask for ID’ after trader is prosecuted

Their warning follows the prosecution of a shopkeeper who has been ordered to pay more than £3500 after being caught selling vapes to a 15-year-old girl.

DCC is urging shopkeepers not to put their livelihood at risk and ask for ‘ID’ when selling age-restricted goods such as vapes, tobacco and alcohol.

Their warning follows the prosecution of a shopkeeper who has been ordered to pay more than £3500 after being caught selling vapes to a 15-year-old girl.

Following a prosecution by our trading standards service Henri Andre Bitton, 74, of Gemini Vapes in Eastover, Bridgwater pleaded guilty at Taunton Magistrates Court on Tuesday, August 13,

The girl was in fact a volunteer in a test purchasing exercise on behalf of the Heart of the South West Trading Standards Service.

A Trading Standards Officer, who was inside the shop at the time, saw Bitton make the sale without first asking for ID.

After the purchase, the officer showed Bitton a photo of the volunteer – Bitton said she was ‘over 18’ and insisted that he had ‘sufficient experience’ to identify those that were underage.

Bitton told the court that he didn’t realise the volunteer’s age and he is blind in one eye and has blurred vision in the other.

But when another customer tried to purchase a vape the defendant said he ‘could tell’ that she was over 18.

The officer disagreed and asked for ID which confirmed that she was underage; and it was only at this point that the defendant refused to make the sale.

The court heard that Bitton had every opportunity to ask for ID and if the officer hadn’t asked, the sale would have been made.

The Chair of the Bench said it was ‘a concerning case’ and that the protection and welfare of young people was paramount.

Bitton was ordered to pay £1200 in fines, costs of £1880 and a victim surcharge of £480, totalling £3560.

Councillor Rufus Gilbert, Devon County Council’s Cabinet Member for Economic Recovery and Skills said:

“This ongoing operation aims to remind local businesses of their responsibilities and enforce the law on selling age restricted products when required.

“There are a range goods that many business owners might not usually think about as being age-restricted, including for example vapes, tobacco products, alcohol, computer games, knives, pets, tanning services and DVDs. Underage sales are a criminal offence and any premises found not to be complying with the law could face prosecution in the Courts and they may also lose their licence to sell certain products.

“I urge traders to review their procedures.”

Alex Fry, Heart of the South West Trading Standards Service’s Operations Manager, 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.

“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 owner was given ample opportunity to ask for ID and he did not.

“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.”

Businesses can sign up for a free “No Proof of Age – No Sale (NPOANS)” Toolkit that provides easy to use guidance on how to prevent the illegal sale of age restricted goods and services by following this link.