Vape Ban For Inverness Retailer After Sales To Children

8th May 2024

Local vape retailer Mr Adnan Abbas, has been banned by Inverness Sheriff Court from selling vapes for 15 months through two of his retail shops, following an investigation by Highland Council Trading Standards officers.

Mr Abnan Abbas owns two retails shops in the city centre of Inverness. Vapecing Scot Ltd (trading as Vapecing), 18 Inglis Street, Inverness, Scotland IV1 1HN (formerly trading as Pencig) and Wow Mobile Ltd, 17 Lombard Street, Inverness IV1 1QQ (a former bike sales and repair shop with currently no trading name displayed over the shop door) are both registered to sell nicotine vapour products or vapes.

David MacKenzie, Trading Standards Manager explains further: "Despite repeated warnings and visits by Highland Council Trading Standards Officers, Mr Abbas continued to sell vapes to underage customers with no concern for their health or welfare. Vapes and tobacco products contain nicotine, which is a highly addictive substance and can only be legally sold to adults aged 18 years or over who can produce genuine photographic ID such as a drivers licence or passport when requested"

Mr MacKenzie adds: "It is the responsibility of retailers to ensure they do not inadvertently sell vapes to persons underage. In light of repeated offending, we had little option but to seek an order from the court banning Mr Abbas from selling vapes through both retail premises in prominent locations within the city centre of Inverness".

Prior to the banning order being granted, Mr Abbas and two of his employees were found to have sold vapes to underage test purchasers (deployed by Trading Standards) on two separate occasions. Both sales occurred during period July to October 2023 from the retail premises named above. This resulted in four separate Fixed Penalty Notices being issued.

Mr Abbas, also failed to operate a robust Challenge 25 Age Verification Policy in relation to both sales which also resulted in a further two Fixed Penalty Notices being issued for the same period for both retail premises.

The legal age for buying vapes in Scotland is 18 years. Anyone who sells vapes to persons under this age, commits an offence. Anyone who fails to operate a Challenge 25 Age Verification Policy regarding the sale of vapes also commits an offence.

Mr MacKenzie further explains: "Although the majority of vape and tobacco retail businesses comply with the law, we will not hesitate to take proportionate enforcement action when required to protect young people. This includes issuing Fixed Penalty Notices and ultimately applying to the Sheriff court for a Banning Order where retailers continuously fail a test purchase or fail to meet their legal responsibilities. We will also continue an extensive programme of advisory visits to shops and "test purchases" using young volunteers".

Any member of the public who suspects a trader is selling tobacco, vapes, solvents or other age restricted products to under 18s, can contact Trading Standards at tradingstandards@highland.gov.uk to provide information in confidence. General consumer advice is available at www.consumeradvice.scot or telephone 0808 164 6000.

Additionally, retailers wishing to sell tobacco and vapes must by law register at https://www.tobaccoregisterscotland.org/ (external link)

Businesses who would like advice on underage sales can contact Trading Standards on trading.standards@highland.gov.uk

The Tobacco and Primary Medical Services (Scotland) Act 2010 contains measures which:

gives trading standards officers powers to issue fixed penalty notices, and
gives courts the power to ban retailers from selling NVPs/ tobacco where they have repeatedly broken the law.
The above Act was amended in 2017 by the introduction of the following legislation.

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 introduced the following measures in regards to the sale of nicotine vapour products as it:

introduced the offence of selling an NVP to a person under the age of 18;
introduced the offence of failing to operate an age verification policy at premises where tobacco products or NVPs are offered for sale;
The above Regulations also introduced further restrictions/offences relating to the sale of nicotine vapour products (or vapes).

Further information on the above legislation can be found at:

https://www.businesscompanion.info/en/quick-guides/underage-sales/tobacco-and-vapes-s