Honar Jafar Rafik of Leeds was prosecuted at Leeds Magistrates Court for having in his possession with intent to supply more than 63,000 illegal cigarettes and 4,900g of illegal hand rolling tobacco
Mr Rafik pleaded guilty to all offences and was given a 16 week custodial sentence that was suspended for 12 months and he was ordered to make a contribution of £2,739.72 to prosecution costs, a fine of £3,000 and a victim surcharge of £80.
Following intelligence from the public, on the 7th March 2016 an officer from West Yorkshire Trading Standards Service (WYTSS) made a test purchase of hand rolling tobacco from Bolek I Lolek, 243 – 245 Dewsbury Road, Leeds, LS11 5HZ. The tobacco was foreign labelled and counterfeit and was purchased for £2.50, the approximate recommended retail price for a genuine packet is £18.
On 8th March 2016 officers from WYTSS, together with Wagtails UK carried out an inspection of two shops owned by Mr Rafik. Illicit tobacco was found under the counter at Bolek I Lolek and illicit tobacco was also found in a freezer in the upstairs store room at Tola, on Dewsbury Rd, in Leeds.
All the tobacco products were seized and examined, some were foreign labelled and non UK duty paid therefore did not bear the statutory health warning as prescribed by the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002. The absence of these warnings is an offence under Section 12 of the Consumer Protection Act 1987. The others were confirmed as counterfeit by the trade mark holders in contravention to the Trade Marks Act 1994.
More than 3200 tobacco products were seized. The street value of the tobacco products seized is approximately £13,000. Mr Rafik said in court that he had bought them for approximately £7,500.
David Lodge, Head of West Yorkshire Trading Standards, said “The work of Trading Standards plays an important role in helping to prevent smoking and reduce the risks for smokers of heart disease, stroke and cancer. People may be tempted by the cheap price tag but it’s worth considering the great cost to your health, safety and community.”
Councillor Pauline Grahame, Deputy Chair of the West Yorkshire Joint Services Committee which oversees the work of Trading Standards, said “We want to see health improvement in this county and with poor and disadvantageous communities and young people often the target of this cheap tobacco, it does not encourage people to quit. Offenders need to know that they will face consequences if they choose to deal in these illegal products. I would urge anyone with information on sales of illegal tobacco products to contact the Illegal Tobacco Hotline on 0300 999 0000.”
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