Man sentenced for tobacco trading
An Exeter man has been sentenced for supplying illicit tobacco and DVDs following an investigation by Devon and Somerset Trading Standards service.
Philip Martin, 62, of Masefield Road, Exeter was charged with selling, and having available to supply, tobacco which did not have the legally required health warnings or the appropriate duty paid markings; and possessing a number of counterfeit DVDs with the intention to sell them.
The court also heard that the tobacco sold by Mr Martin was counterfeit.
Appearing yesterday, Monday 9th March, at Exeter Magistrates Court, Mr Martin was sentenced to 6 months in jail, suspended for 2 years. Mr Martin was also ordered to carry out 150 hours of unpaid work and to contribute £600 towards prosecution costs and an £80 victim surcharge.
The court ordered that the seized tobacco, DVDs and production equipment was destroyed.
In February 2014, following intelligence received, an undercover Trading Standards officer knocked on the door of Mr Martins home and asked to buy some tobacco. The officer was supplied with three 50g pouches of rolling tobacco.
Subsequently Trading Standards, supported by police, exercised an entry warrant on Mr Martins home.
571 discs (513 DVDs, 52 discs of explicit nature and 6 audio CDs), 43 pouches of Amber Leaf Tobacco and 18 boxes containing 20 “Richman” cigarettes were found.
The DVDs and tobacco have since been confirmed to be counterfeit. Some of the discs of an explicit nature were unclassified or only authorised for sale in licensed sex shops.
Councillor Roger Croad, Devon County Council’s Cabinet Member with responsibility for Devon & Somerset Trading Standards Service, said:
“The illegal sale of tobacco is a serious criminal offence. Mr Martin’s actions will have damaged the local economy by taking trade away from genuine hard working businesses. He unfairly undercut legitimate traders and gained a competitive advantage at their expense.
“Illegal sales of tobacco in the South West have a huge impact on people’s health. Selling at less than half the tax-paid price of legally sold tobacco it allows those who could otherwise not afford to smoke, to maintain their habit and undermining their attempts to quit, and because it’s cheaper than the genuine products it can also be easier for children to smoke and become addicted.
“We will not tolerate the illegal sales of tobacco and will continue to take firm action to stop this type of activity by using our enforcement powers.
“Our officers routinely act on intelligence we receive, as they did in this case, so I would encourage consumers to continue to report those involved in selling illicit tobacco because their valuable information can significantly aid our investigations.”
Councillor Andrea Davis, Devon County Council’s Cabinet Member for health and wellbeing, said; “Smoking is a serious public health issue and cheap illegal tobacco just makes it even harder to keep our children away from harm. That is why our public health and trading standards teams are working together to help tackle the problem."
The Citizens Advice Consumer service not only provides consumer advice but also passes relevant information onto Trading Standards. They can be contacted on 03454 040506
