Trading Standards caught Banbury burger van owner selling tobacco

Keith Richardson, 56, was advertising packets of Golden Virginia and Amber Leaf for sale from his van, which was parked in a layby on Hardwick Hill, Banbury.

Prosecutor Kristiina Reed, for Oxfordshire Trading Standards, told Oxford Magistrates’ Court on Friday afternoon (February 10) that ‘covert’ council officers made test purchases at van on March 17 and June 6 last year – buying three 50g packets of loose leaf tobacco.

The packets were branded Golden Virginia and Amber Leaf but the manufacturers had confirmed the packets were counterfeit. They were sold for £17.50 each, around £11 less than the market price for the packs.

On June 9, his van, car and home were searched by Trading Standards officers. In all, they found more than 40 packets of tobacco.

The counterfeit tobacco was being advertised on a sign on the van, which was against the law, Ms Reed told the court. There were no signs saying it was illegal to sell tobacco products to children, she added.

Richardson made candid admissions when he was interviewed by the council. He bought the tobacco from a lorry driver every week but was running low on stock that week as the driver had not appeared, he said. As well as the rolling tobacco, he sold Richmond and Lambert-branded cigarettes but was ‘out of stock’.

One of the seized packets of tobacco Picture: OCC (Image: Oxford Mail)

Appearing before the district judge on Friday, Richardson, of Parsons Piece, Banbury, pleaded guilty to selling goods bearing a sign likely to be mistaken for a registered trademark, aiding the supply of a tobacco product without the required health warning and failing to comply with a tobacco advertising enforcement authority officer. He had no previous convictions.

Ms Reed said of the danger posed by counterfeit tobacco: “The user simply doesn’t know what is in the product. There may be far more harmful chemicals and substances.”

District Judge Kamlesh Rana refused an invitation from defence barrister Richard Davies to deal with his client by imposing a fine.

She adjourned for a pre-sentence report from the probation service, warning the defendant: “Selling cigarettes in this unregulated manner puts the public at risk – puts young people at risk.”

Richardson was bailed to return to court on February 14.

Following the hearing, Oxfordshire County Council’s head of Trading Standards, Jody Kerman, said: “While there is no safe level of smoking, there is also no way of knowing what is contained in unregulated and counterfeit cigarettes and tobacco products, which could put your health at increased risk.

“People can help us to stamp out illegal tobacco and create a healthier and safer Oxfordshire by being vigilant and reporting any suspicious activity using the illegal tobacco hotline.”

The illegal tobacco hotline is: 0300 999 6 999.