The successful prosecution was brought by our trading standards team following an investigation.
Andrew Molloy, 56, company director of Mates Mobiles Ashbourne Ltd, Horse and Jockey Yard, St John Street, Ashbourne, appeared before Southern Derbyshire Magistrates Court on Monday (7 April), and pleaded guilty to 18 charges relating to the sale of nicotine inhaling products (vapes) to underage persons, the supply of non-compliant vapes and possessing for supply non-compliant vapes from two shops run by the company in St Johns Street, Ashbourne and Bridge Street, Belper.
In July 2024, our trading standards officers conducted test purchase exercises at Molloy’s 2 shops in Ashbourne and Belper. At both shops, non-compliant “Big Puff” disposable vapes costing £30 each were sold to young people under the age of 18 years. No ID or age verification checks were made.
Follow-up inspections were made at the shops and further quantities of illicit vapes were found and seized by trading standards officers at both premises.
Trading Standards had advised Molloy and the company on many occasions prior to the test purchase attempts but the team continued to receive complaints and information from the public about issues relating to vapes and underage sales.
In sentencing, District Judge Jonathan Taaffe made it clear that the offences were incredibly serious and that he needed to award a punishment which reflected that seriousness.
He said that, 'Businesses should be aware of the law and should comply with the law. The company is not in a healthy position at the moment, but the fine does need to reflect the serious nature of the offences and the public health risks. I have no doubt in my mind that vapes, and their disposal will become a public health emergency in the future'.
As well as the fine and the £6,936 costs, Molloy was also ordered to pay a £2,000 victim surcharge.
Our Executive Director for Place Chris Henning said:
“The law is clear that vapes and similar nicotine-containing products must not be supplied to young people. They pose a potential health risk and a lifetime of addiction.
“Vapes can be a tool to help existing smokers quit but sales to young people and supply of illicit vapes undermine this. Disposable vapes also have a negative environmental impact.
“This successful prosecution brought by our trading standards officers and the sentence of the court in this case reflects how seriously they view these matters.
“The fine imposed should be a deterrent to those that flout the law.”
He added:
“We would also remind retailers that a change in the law from June means that it will be illegal to supply single-use disposable vapes.”
People wanting to report any suspicions of the sale of vapes to underage people or supply of illicit vapes should report them to the Citizens Advice consumer helpline Telephone: 0808 2231133 or Crimestoppers on telephone: 0800 555111.