TWO men have been prosecuted for selling illegal tobacco and cigarettes after Barnsley Council continued their work to crackdown on the dangerous sales.
On August 31 last year, Omid Swatiwal was found to be supplying electronic cigarettes from Saving Store, on Peel Square, which had a nicotine volume of more than 2 millilitres or contained nicotine in excess of 20 milligrams per millilitre.
The council says the items were also supplied without a leaflet containing instructions for use, traceability contact details, the batch number, and a health warning that the product contains nicotine a highly addictive substance.
He was subsequently sentenced last Thursday for offences contrary to 36, 37 and 48(d) of the Tobacco and Related Products Regulations 2016.
He was given two months custody on each offence to run concurrently, suspended for 12 months.
Swatiwal received a nine-month community order and was told to pay costs of £1,359 as well as a victim surcharge of £154.
All of the goods were destroyed.
Anna Hartley, executive director for public health and communities, said: “This is a very serious case which put unsuspecting members of the public at risk.
“All tobacco poses a significant health risk, so it’s vital that products like e-cigarettes meet legal requirements, come with the right safety information and are properly labelled.
“Ignorance is no excuse and this case shows that we will take action where required.”
On the same day, Ahmed Mohammed Amin, who was trading at Goldthorpe Mini Market on High Street, pleaded guilty to multiple offences related to the possession and concealment of illicit tobacco.
This included 17,900 illicit cigarettes and 172 pouches of 50 grams of illicit hand-rolling tobacco.
He had pleaded guilty to three offences under the Fraud Act 2006 in relation to the possession and concealment of the illicit tobacco products.
He was sentenced to four months imprisonment, suspended for 12 months, and will be required to complete 150 hours of unpaid work whilst paying £600 towards court costs.
Ms Hartley said the convictions show the council is clamping down on illegal traders across the borough.
“We’re fully committed to cutting down the availability and preventing the sales of illegal tobacco in Barnsley,” she added.
“This is another case which shows that we will take action against those who continue to sell it and put people in our communities at risk.
“While all tobacco poses significant health risks, the unregulated products sold as part of the illicit tobacco trade may contain higher levels of toxins and unknown substances, which can be even more dangerous and harmful to people’s health.
“Trade in illicit tobacco damages legitimate businesses, undermines public health and facilitates the supply of tobacco to young people.
“We must remain vigilant in our efforts to combat the illegal tobacco trade, protecting our communities from both the criminal elements involved and the potential health hazards posed by these unregulated products.
“I’d like to thank our regulatory services and legal services teams for their assistance in this prosecution.”
