Underage deals lead to cigarette sale ban for Oswestry trader
An Oswestry trader who sold cigarettes to 14-year-olds in school uniform, splitting packs so they could use their pocket money, has been banned from selling cigarettes for a year.
It is the first time that such a banning order has been used in Shropshire. Shropshire Council, which launched an investigation into John Clarke's Scrummy Yummy van, says it will not tolerate the sale of cigarettes to children.
Clarke, of Salop Road in Oswestry, pleaded guilty at Shrewsbury Magistrates Court on June 28 to three offences of selling tobacco to under 18-year-olds and one offence of selling cigarettes in quantities of less than 10.
He was fined £250 and ordered to pay £250 costs and a £25 victim surcharge.
He was also banned from selling cigarettes for a year under legislation that came into force in 2009.
The court heard that public protection officers carried out a test buying operation in Oswestry during December.
During the operation Clarke, 54, sold cigarettes from his mobile shop, trading as Scrummy Yummy, on three separate occasions to two 14-year-old female volunteers, both dressed in their school clothing.
Mr Mike Davies, prosecuting for trading standards told the court that Clarke operated as a sole trader with no other employees.
The operation was carried out in response to complaints and from West Mercia Police.
Frances Darling, Shropshire Council service manager, said: "This case sends out a clear message to traders that we will not tolerate the sale of cigarettes to children in Shropshire.
"Where traders are found to be disregarding the law, particularly where the health of children is being put at risk, we will not hesitate to investigate and take the necessary enforcement action."
Councillor Steve Charmley, said: "We know about the health problems that smoking can cause.
"It is totally unacceptable that children were able to buy cigarettes, unchallenged, in this way.
"This trader even sold a small quantity of single cigarettes, meaning not only could children buy cigarettes from him, they could use their pocket money to do so."




