Closure order for shop selling illegal vapes

A shop has been ordered to close after Trading Standards Officers discovered it had been selling illegal vapes and cigarettes and supplying vapes to children.

Nila Vape on Lewes Road, Brighton, was issued with a month long closure order following an investigation by Trading Standards.

Brighton Magistrates Court heard that large numbers of children had been visiting the area to purchase vapes, resulting in increased anti-social and nuisance behaviour in the area, as well as the criminal offences of selling illegal vapes and illicit tobacco. Many of the incidents were causing distress to local residents and having a negative impact on surrounding businesses.

Inspections had been carried out by Brighton & Hove Trading Standards and officers from Sussex Police and illegal vapes and illicit tobacco were seized from the shop on two separate occasions.

The vapes were found to not be compliant with the Tobacco and Related Products Regulations 2016 and the tobacco products were counterfeit.

Following the closure of the premises, Trading Standards and Sussex Police carried out visits to all convenience stores in the Lewes Road area to remind them of their legal obligations in relation to the sale of tobacco, e-cigarettes and other age-related restricted products.

Products were seized from 2 of the retailers, who were found to be selling illegal vapes.

Nila Vape was issued with a closure order on 20 March 2024, under the Anti-Social Behaviour, Crime and Policing Act 2014.

New generation of nicotine addiction

While vapes and e-cigarettes are currently considered a healthier alternative to smoking cigarettes, there is a growing concern about their use among children and young people, who might have not taken up smoking otherwise.

All legally sold vaping devices need to be approved by the Medicines and Healthcare Regulatory Agency and must not exceed 20mg/2% of nicotine concentration and 2ml in capacity - around 600 'puffs'.

Illicit vapes might contain higher doses of nicotine and can also contain various dangerous chemicals such as lead, tin, nickel or THC.

High levels of inhaled lead damage central nervous system and inhibit brain development, especially if inhaled by a child or a young person.

Environmental hazard

As well as negative health implications, the single use nature of disposable vapes poses a hazard to the environment.

Discarded vaping devices might be mistaken for food by wildlife such as birds, fish, and marine mammals and cause internal injuries, poisoning or death.

Both disposable and rechargeable vapes contain a hidden lithium battery that can be extremely dangerous when thrown away.

Lithium batteries can explode and cause fires in trucks and waste facilities when thrown away in your household recycling or the rubbish bins around the city.

Vapes can be recycled in small electrical item recycling points and you may also be able to recycle vapes at some shops and supermarkets across the city. Visit the recycle your electricals website and enter your postcode for information about places near you.

A stern warning

Councillor Leslie Pumm, chair of the Equalities, Community Safety & Human Rights Committee, said: “I would like to repeat the warning that all retailers need to ensure all disposable e-cigarettes, e-liquids and vaping devices they sell meet UK legal requirements and remind them about the age restriction on the sale of vapes.

“Local business owners have been briefed on the legal requirements around selling of vapes.

“Many people may not realise the potential long-term health damage caused by unregulated vaping devices. We expect retailers to know better than risk their livelihoods and the wellbeing of our residents.

“We will be continuing our crackdown the selling of illicit vapes and tobacco products and the selling of these to vulnerable young people.

“Anyone selling vapes to someone under 18 is committing an offence. The owner of the business can be held responsible as well as the member of staff who made the sale.”

Reporting illegal sales

If you have any information about any shops selling illicit tobacco or sales to under 18s, please contact Brighton & Hove Trading Standards by e-mailing trading.standards@brighton-hove.gov.uk.

You can also file an anonymous report via the Crimestoppers website either by calling 0800 555 111.

To report via Citizens Advice consumer helpline, call 0808 223 1133.

To report illegal tobacco, you can use the Keep It Out anonymous online reporting tool.