A shop owner with premises in Warwick and Leamington Spa will have to complete community service and pay a fine for selling illegal vapes

Warwickshire Vape Ltd - trading as Royal Vapes - owner Luke Benjamin Spencer, 41 of Haddon Road, Leamington Spa, has been ordered to complete 200 hours unpaid work under a 12-month community order.

He will also have to pay £4,592 in prosecution costs and a £114 victim surcharge, following the prosecution by Warwickshire County Council trading standards service.

Officers seized hundreds of illegal disposable nicotine vapes from the business which has premises in Kenilworth, Leamington Spa, Nuneaton and Warwick.

The business had been warned to remove the products from sale but had failed to do so.

Vapes seized included Elux Legend 3,500 Blueberry Raspberry and R&M Tornado 7,000 Skittles.

Trading standards officers seized thousands of illegal vapes (image via WCC)

The offences related to the sale of disposable vapes that had more nicotine containing liquid than the legal 2ml limit, and vapes that used images and wording associated with trademarked sweet products, specifically Skittles and Ribena.

Mr Hunt, representing Spencer said his client's offending had not been deliberate.

However, magistrates heard that Spencer had been in business selling vapes for 10 years and had a staff of 18 employees and found it surprising the owner said he was naïve.

At Coventry Magistrates Court on Monday 26 February 2024, Spencer pleaded guilty to seven offences.

Magistrates considered there to be high culpability, and high level of harm in respect of the Tobacco and Related Products Regulations 2016 offences and aggravating factors of financial gain, risk to others and failure to comply with advice from Trading Standards.

Warwickshire Vape Limited also pleaded guilty to seven offences and was fined £910 and ordered to pay prosecution costs of £4,590 and a £91 victim surcharge.

Cllr Andy Crump, portfolio holder for community safety said: "Illegal vapes, which can contain dangerous levels of nicotine, a highly addictive drug, should not be on sale in Warwickshire.

"Nicotine poisoning can cause a range of problems including nausea, vomiting, pain in the stomach or gut, or diarrhoea.

"Trading Standards Officers tried to work with this business to remove these illegal products from sale, but in vain, leaving them with no option but to take court action to protect the health of consumers."

In Mitigation, Mr Hunt said his client was of good character and had made an early guilty plea.

Further, he argued there are now active measures in place in the business to ensure that only compliant products are sold, including a compliance policy and compliance manager who review all products for sale.

Magistrates also granted a deprivation order for the forfeiture and destruction of over 500 illegal nicotine inhaling vapes seized from the business.