Wishaw shop banned from selling vapes and tobacco after 'illegal sale to under-18s'

A business in North Lanarkshire has been banned from selling any tobacco or nicotine vape products.

The banning order was issued for 12 months to the owner and employees of the business trading as “Foodies” and “Usave” at Kirk Road, Wishaw.

It comes after an investigation, led by North Lanarkshire Council’s Trading Standards team, into the illegal sale of nicotine vapour products (NVPs) to under-18s, which led to an application to Hamilton Sheriff Court.

The business owner and employees were found to have sold NVPs to underage test purchasers on three occasions between October 2023 and May 2024.

Michelle McKenna, Trading Standards manager, said the ban was sought after repeated “non-compliance”.

“Retailers have a responsibility to ensure they do not sell vapes to underage individuals,” she said.

“Due to repeated non-compliance, we had no choice but to seek a court order banning the business from selling vapes at the Wishaw premises.”

Ms McKenna continued: “While most vape and tobacco retailers comply with the law, we will not hesitate to protect young people and take enforcement action against those who break the law.

“This includes issuing fixed penalty notices and applying for banning orders when necessary.”

The Trading Standards manager added that the team will continue their “extensive” programme of visits and test purchases using young volunteers.

“Recent seizures of illicit tobacco further highlight the importance of our ongoing efforts to ensure compliance and protect public health.”

Councillor Helen Loughran, convener of the Environmental Services Committee, said the banning order sends a “clear message” that the sale of age-restricted products to children will not be tolerated.

“The council is committed to supporting Trading Standards in their efforts to enforce the law and protect our communities,” she said.

“Officers have made significant seizures of illicit tobacco across North Lanarkshire recently, which underscores the need for vigilance and strict enforcement. Retailers must understand the serious consequences of falling to comply with the law.”

North Lanarkshire Council confirmed that during the 2023/2024 period, cigarettes were sold to test purchase volunteers on ten occasions and vapes on 14 from a total of 126 attempts.

The local authority added that illicit tobacco was identified in ten premises in Wishaw, Airdrie, Kilsyth, Condorrat and Bellshill in the past month, resulting in the seizure of 53,180 cigarettes and 17.48kg of hand-rolling tobacco.

Since July 2023, Trading Standards has the power to make referrals to HMRC which can issue penalties of up to £10,000 to businesses and individuals caught selling illicit tobacco products.

Over 151,860 illicit cigarettes and 30kg of hand-rolling tobacco have been seized from 19 premises in North Lanarkshire since June 2023.

This is the second banning order obtained by Trading Standards, following a similar case involving a Motherwell retailer in January 2024.