Barnsley party shop owner prosecuted for selling vape to underage child

The owner of a shop in Barnsley has been prosecuted after the premises failed an underage test purchase carried out by our Trading Standards team.

Barnsley Magistrates Court heard that on 8 October 2022, the Carnival shop on Eldon Street sold a vape pen to a 15-year-old volunteer.

The sale was part of a Trading Standards Test Purchase operation and targeted businesses where complaints had been received that underage sales were being made. 

Kevin Schofield, 45, who owns the business, pleaded guilty to failing to take all reasonable precautions and/or exercise all due diligence (including enquiry of age and or seek identification), in breach of the Children and Families Act and Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015. 

He was given a 12-month conditional discharge. This is recorded as a criminal record and can be punishable further if any other offences occur during this period.  The court also ordered a £26 victim surcharge to be paid within 28 days.

Julia Burrows, Executive Director of Public Health and Communities, said:

“It’s very important that we protect our children from this type of product. Liquid nicotine is a very hazardous product and should never be in the hands of a child.” 

Anyone with concerns about Barnsley businesses selling vapes or cigarettes to children can report it on 01226 773743.

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