The owner of a corner shop has been ordered to pay £2,326 after an employee sold a disposable vape to a customer who was under 18.

It’s the third prosecution for selling vapes to an underage customer in the service area in as many months.

A business owner in Bridgwater was sentenced in August and another in Paignton was sentenced in September.

Vijaya Bhaskar Reddy Malapati, 38, sole director of Reddysgroup Ltd, which owns and runs Reddy’s News, at Priorswood Place, Taunton pleaded guilty on behalf of Reddysgroup Ltd at Taunton Magistrates’ Court on Tuesday, October 8 2024.

The prosecution follows an investigation by the Heart of the South West Trading Standards Service after an employee sold a disposable cherry Elf Bar to a 15-year-old volunteer in February of this year.

The court heard that Reddys News was one of several premises visited as part of a test purchasing operation based on information from complaints by residents.

Two trading standards officers, who were also in the shop, saw the sale take place and at no point did the seller ask for identification, proof of age, or ask the volunteer how old they were.

Following the sale the two officers spoke to the seller who denied he was an employee and said he was ‘helping out’ Mr Malapati.

The officers asked about what systems were in place to prevent underage sales, such as a refusals register, and the seller did not seem to know about any such measures but added that he had verbally been told not to sell to children.

The sale of any kind of e-cigarette to a person under the age of 18 is illegal and classed as an offence under The Children and Families Act 2014.

Mr Malapati acknowledged that he had not responded to several requests for information from trading standards during the investigation, but in mitigation said this was because of health and family issues.

He said that he had not been on the premises at the time the sale was made, and he had sacked the employee that had sold the vape.

He added that he has now provided training to staff and put in place a No ID, No Sale policy.

Alex Fry, the operations manager for Heart of the South West Trading Standards service said:

The bright colours and sweet flavours of vapes are attracting young people and so it is essential that store owners ensure that they do not sell these products to children and that systems are in place to prevent that from happening.

In this case there were no procedures in place and the employer had not trained the employee and that led to the prosecution.

We will continue to respond to community concerns in this area, prioritising the health and wellbeing of residents and our young people.

Where premises fail test purchase operations, we will take a good look at the measures which were in place before deciding what action to take. In this case the employee was given ample opportunity to ask for ID and he did not.

Retailers must understand that selling age restricted products to a minor is an offence and by doing so they are gambling with their livelihoods.

The Chair of the Bench said that as owner Malapati had a responsibility to ensure vapes were not sold to children.

He was fined £883 (reduced from £1,250 for an early guilty plea); a £333 surcharge and has to pay full costs of £1,160.

Commissioned by Devon, Plymouth, Somerset and Torbay Councils