Three prosecutions for underage vape sales in Walsall

Three Walsall-based retailers have been prosecuted at Dudley Magistrates Court this September after being caught by Walsall Council’s Trading Standards team selling nicotine-containing vapes to underage children during recent test purchasing exercises.

Midland Market of Walsall town centre was prosecuted under Regulation 3 of The Nicotine Inhaling Products (Age of Sales and Proxy Purchasing) Regulations 2015 and Section 92(2) of the Children and Families Act 2014.  

On 13 December 2023, Trading Standards officers instructed a 16-year-old volunteer to purchase a Strawberry Elf Bar from the premises, in which the volunteer was not asked for ID by the seller Harry Singh.  

Mr Singh pleaded guilty at a hearing on 18 September 2024 and was fined £123, with victim surcharges of £49 and costs of £1,275, totalling £1,447. 

Fone Masterz Ltd of Darlaston, Walsall, and its employee 38-year-old Natalie Cumberbatch, were also prosecuted under the same act. 

On 13 December 2023, a 16-year-old volunteer was instructed to test purchase a Strawberry Kiwi Elf Bar vape. This was sold to the volunteer by Cumberbatch without ID checks. 

At a hearing on 11 September 2024, both Cumberbatch and Fone Masterz Ltd director Mohammed Hanif Khan pleaded guilty to the offence, which led to a third of their sentence being reduced. 

Fone Masterz Ltd was fined £161, with victim surcharges of £64 and £800 in costs, totalling £1,025. Cumberbatch received a 12-month conditional discharge and was ordered to pay a £26 victim surcharge. Both were given 28 days to pay the full amounts. 

Mana Vapes Ltd of Pelsall, Walsall and Omar Aziz of Spark Road, Manchester, were also prosecuted. On 13 December 2023, a 16-year-old volunteer was instructed to attempt a test purchase and was sold a Strawberry Ice Cream SKE Crystal disposable vape bar by Aziz, who failed to carry out ID checks. 

Both defendants failed to attend the court hearing on 11 September 2024. The court proceeded in their absence, finding both guilty.  

Mana Vapes Ltd was fined £660 and ordered to pay £700 in costs, totalling £1,360. Mr Aziz was also fined £660 with £700 in costs as well as a £264 victim surcharge, totalling £1,624. 

The defendants have been ordered to pay the full amount within 28 days, with Mr Aziz having a collection order issued. 

All three retailers had previously received advisory visits by Trading Standards following complaints by residents that they were selling vapes to children. 

Councillor Garry Perry, Leader of Walsall Council said,  

“Businesses and their staff need to be aware that failing to ask for ID when selling age-restricted products like vapes can have serious consequences. Walsall residents have told us through our We are Walsall 2040 consultation that community safety is a major priority for the borough. The work of our Trading Standards team is helping to protect young people from harm, keeping communities safe, and supporting vibrant business communities by tackling rogue traders who break the law. These prosecutions send a clear message—if you break the law, you will be held accountable. ”