Magistrates court cases: Man in court after child sold illegal vape at Halifax shop

Kabir Hussain, 51 and of Fitzroy Road in Bradford, appeared at Bradford Magistrates Court for sentencing having previously pleaded guilty to possessing counterfeit tobacco and tobacco products which did not bear a health warning in English.

He also pleaded guilty to selling a disposable e-cigarette to a 15-year-old child at his store – Mixenden Mini Mart, on Dodge Holme Drive in Mixenden.

A spokesperson for West Yorkshire Trading Standards said the electronic cigarette itself was illegal as it was oversized, containing more than the permitted 2ml of nicotine liquid.

Hussain was sentenced to 250 hours of unpaid work, to be carried out within 18 months.

He was also ordered to pay costs of £4399.81 and a surcharge of £114, totalling £4513.81.

The case was launched after West Yorkshire Trading Standards Service received several complaints from members of the public that the business was selling vapes to children.

In August 2023, a 15-year-old volunteer entered the shop under the supervision of a trading standards officer and asked to buy an e-cigarette.

Hussain sold a Crystal Prime 7000 Puff Blueberry Cherry Cranberry e-cigarette to the volunteer for £10 without asking for identification or challenging their age.

It is also an offence to sell a disposable electronic cigarette with a tank capacity that exceeds 2ml.

In September 2023, West Yorkshire Trading Standards’ cheap and illicit tobacco team visited the shop and seized Amber Leaf tobacco and L&M cigarettes which did not bear a health warning in English.

Hussain was interviewed at a later date but answered no comment to all questions.

David Strover, head of Trading Standards, said "By taking tough action and working with partners, this operation has taken a significant amount of illicit tobacco and vapes off the streets.

"Far from being a victimless crime, the illegal trade in tobacco costs government millions each year in lost revenue, makes it easier for children to start smoking, takes advantage of cash-strapped families, and helps fund organised crime.

"The business was previously warned that complaints had been received and that a test purchase with a child may follow but the business went on to sell a vape to a minor despite the warning.”