Mansfield off-licence escapes licence revoke after selling illegal cigarettes and vapes

Balbinka Mini Market, on Skerry Hill in Mansfield, was caught after members of the public tipped off Nottinghamshire County Council’s Trading Standards about the activity going on at the premises.

Trading Standards first visited the shop on March 11 this year, when they found that the business was selling 48 illegal, non-compliant vapes which breached regulations.

They were illegal because they breached the Tobacco and Related Products Regulations which state that the tank size of a refillable electronic cigarette “must not exceed two millilitres”.

Trading Standards sent an advice letter to the business on March 17, outlining the shop owner’s responsibilities and the law and regulation surrounding the sale of tobacco and vapes.

But the team visited the shop again on October 2 after another tip-off about cigarettes.

A trading standards officer when into the shop with a ten pound note and bought a packet of Lambert and Butler original silver cigarettes in olive green packaging, which she paid just £5 for.

Another officer then went in and asked the shopkeeper if he had any more, to which he pointed towards the rear of the shop, where there was a box, containing another box, containing a packet of seeds.

Under the first box there were a quantity of cigarettes believed to be illegal, which were seized and sent off to the trademark holders – in this case Lambert & Butler – for testing.

After the October 2 visit, Mansfield District Council’s licensing team received an application to review the licence.

At a Mansfield District Council Licensing meeting on Monday, November 17, councillors discussed Balbinka Mini Market’s licence.

Their options included modifying the conditions of the licence, excluding a licensable activity from the scope of the licence, removing the person in charge of the licence, suspending the licence or revoking the licence entirely.

Defending the shop’s interest, solicitor Amjid Ibrahim argued the premises had not committed the more serious offence of selling to underage children, and that revoking the shp’s licence entirely would damage the shop’s reputation to future businesses wanting to operate in the premises.

After a discussion lasting around 30 minutes, Mansfield District Council’s Licensing team agreed to let the store off with a one-month suspension of its licence.

The shop will not be able to sell alcohol for one month.