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Don't buy illegal cigarettes - warning

Date: 06/04/2011

Residents in North Somerset are being warned of the dangers of buying illicit or counterfeit cigarettes and tobacco from unauthorised outlets.

And those caught selling them will be prosecuted - that is our message.

The warning follows a recent prosecution following a raid at a car boot sale in Bleadon, near Weston-super-Mare last September.

Two men were arrested and bailed pending further investigations by Trading Standards and on 30 March, Paul James Mackay of Midsomer Norton, appeared at North Somerset Magistrates Court where he entered five guilty pleas for the following trading standards offences:

• Selling Richman cigarettes which had a tar content 39% in excess of the legal limit

• Selling Richman cigarettes which had a carbon monoxide content 45% in excess of the legal limit

• Selling Richman cigarettes that did not have the correct safety labelling (i.e. written warnings, pictograms and yield statement in relation to the tar, nicotine and carbon monoxide levels);

• Selling Golden Virginia hand rolling tobacco that did not have the correct safety labelling (i.e. written warnings not being in English);

• Failing to display the following notice "It is illegal to sell tobacco products to anyone under the age of 18"; and

• Possession for sale of counterfeit Golden Virginia hand rolling tobacco.

Mr Mackay was given a community punishment requiring him to be electronically tagged and observe a curfew on Saturdays and Sundays between the hours of 8am to 8pm for the next six months, preventing him from attending car boot sales at the weekend.

He was also ordered to pay £1,242.72 costs.  In addition to this, Mr Mackay had all his tobacco products seized by officers, including his Ford Transit van.

The quantity of illicit tobacco products seized from the car boot sale and Mr Mackay’s home address totalled 1,533 packets of 20 “Richman” cigarettes and 76 x 50g pouches of Golden Virginia hand rolling tobacco, which equates to a street value of £5,131.00 and an estimated detriment to local businesses of some £7,800.

Derek Wilkins, our Trading Standards Manager, said: "As one of the leading authorities in the South West undertaking work in relation to illicit tobacco,  I am extremely pleased with the way that this investigation has been conducted and the sentence levied by the court. 

"This should send a message to others who may consider selling such products as it demonstrates that we treat these breaches seriously." 

NHS North Somerset praised Trading Standards’ continuing vigilance over the sale of unregulated cigarettes and their continued support and contribution to North Somerset’s Smoke Free Plan.

Fiona Miles, Health Improvement Development Manager of NHS North Somerset, said: "Preventing young people from taking up smoking is a key priority for us, this type of activity targets young people and makes it easy for our kids to smoke and become addicted any action that can be taken to prevent this is welcomed."

If you have any information on individuals selling illicit or counterfeit tobacco you can contact Trading Standards on 0845 04 05 06 or email trading.standards@n-somerset.gov.uk

The risks associated with smoking illicit or counterfeit tobacco, in comparison with the health risks normally associated with smoking in general, are dramatically increased.

Illicit or counterfeit tobacco products are not regulated in the same strict manner associated with genuine brands and therefore go untested.