A Wishaw business has been banned from selling any tobacco or nicotine vapour product (NVP) for 12 months from 24 September 2024.

The banning order has been issued to the owner of the business trading as “Foodies” and “Usave” at Kirk Road, Wishaw and any employees acting on his behalf.

The ban follows an investigation by North Lanarkshire Council’s Trading Standards team into the illegal sale of NVPs to under 18s, which led to an application to Hamilton Sheriff Court.

Prior to the banning order, the owner of the business and his employees were found to have sold NVPs to underage test purchasers on three occasions between October 2023 and May 2024.

A notice must be prominently displayed on the business premises for the duration of the ban, and the council has been awarded expenses in this case.

“Retailers have a responsibility to ensure they do not sell vapes to underage individuals,” Michelle McKenna, Trading Standards Manager, explained.

“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.

“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.

“We will also continue our extensive programme of advisory 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, Convenor of the Environmental Services Committee, said: “The safety and well-being of our young people is a top priority. This banning order sends a clear message that we will not tolerate the sale of age-restricted products to children.

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

Trading Standards carry out regular test purchase exercises to ensure retailers are checking customers’ age before selling age restricted products. During 2023/24 across North Lanarkshire, cigarettes were sold to test purchase volunteers on 10 occasions and NVPs on 14 occasions from a combined total of 126 attempts. Both the business owner and employee responsible for the sales received fixed penalty notices.

Additionally, illicit tobacco was identified in 10 premises in Wishaw, Airdrie, Kilsyth, Condorrat and Bellshill visited by Trading Standards in the past month, resulting in the seizure of 53,180 cigarettes and 17.48 kg of hand-rolling tobacco.

Since July 2023, powers are in force allowing Trading Standards to make referrals to HMRC who 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.