Wishaw store 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 vaporizer products.

A prohibition order was issued for 12 months to the owner and staff of the business trading as “Foodies” and “Usave” in Kirk Road, Wishaw.

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

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

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

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

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

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 seeking banning orders where necessary.”

The Trading Standards manager added that the team will continue its “extensive” program of visits and test purchases with young volunteers.

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

Councilor Helen Loughran, convener of the Environmental Services Committee, said the ban 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 its efforts to enforce the law and protect our communities,” she said.

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

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

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

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

More than 151,860 illicit cigarettes and 30kg of rolling tobacco have been seized at 19 premises in North Lanarkshire since June 2023.

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

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