To review the action taken to reduce the illicit sale of illegal tobacco and vapes.

Fakir Mohamed Osman (Head of Heart of the South West Trading Standards) Melanie Walker (Trading Standards Officer) and Claire Tatton (Public Health Specialist) provided an update on enforcement challenges, public health concerns, and partnership efforts to tackle illicit tobacco and vape sales as set out in the submitted report and showed two videos and a photo to demonstrate the lengths people would go to in order to conceal them. (Note:  this item can be viewed at  Torbay Adult Care and health Overview and Scrutiny Sub-Board - YouTube).

Members asked questions in relation to:

·                     What happens after the 3-month closure period for shops?

·                     What is the price difference between legal and illegal tobacco?

·                     Concern that the low fines (£200) versus high profits (£2,000/day) were ineffective.

·                     Were enforcement efforts encouraging public reporting?

·                     What is being done to stop young people smoking/vaping?

·                     Can the Council do more on closures?

·                     Can landlords be held accountable?

·                     How can individuals report illicit activity?

·                     Were vapes with Spice being sold locally?

The following responses were provided:

·                     Shops can reopen unless further grounds are found.  Trading Standards lacks closure powers and relies on the Police. Only two officers cover over 30 shops, 13 in Torbay.

·                     Illegal cigarettes cost £5–£7 versus £15–£20 legally.  Hand-rolling tobacco can be as low as £5 (counterfeit) versus £35–£40 legally.

·                     Prosecutions were difficult due to modern slavery links and long court delays.

·                     It was too early for data on public reporting, but Torbay Police were proactive.

·                     Education initiatives were underway to encourage young people to stop smoking/vaping.  New messaging is being co-designed with young people. Results expected next financial year.  There was also a new forum which would improve intelligence sharing.

·                     They were awaiting a 101 agreement to transfer closure powers.  Exploring Proceeds of Crime Act to seize assets.

·                     HMRC fines apply only to traders.  Landlords were warned but not fined.  However, reporting tenants to landlords had resulted in tenants being removed from some premises.

·                     10% of 230 confiscated vapes tested positive for synthetic cannabinoids.

Superintendent Hayley Costar advised that she was really proud of the work on closure orders, which were part of the Police and Crime Commissioner (PCC) Hernandez’s Partnership.  The impact of illicit trade was considered when granting a closure order, and the legitimate business impact was also taken into account.  There had been investment in UKPAC (UK Partners Against Crime) - uk-pac.com, a platform that allows traders to report directly and contribute intelligence, and that it was important to raise public confidence and the profile of enforcement efforts being undertaken.  The Vulnerability Lawyer would continue to drive closure orders in support of partners.  Part of the Vulnerability Lawyer’s role was to invest proceeds from crime back into the local area.

Reports can be made via the following websites:

https://www.devon-cornwall.police.uk/ro/report/ocr/af/how-to-report-a-crime/

https://www.devon-cornwall.police.uk/ro/report/asb/asb-v3/report-antisocial-behaviour/

Contacts - Trading Standards Service

Action Fraud

Resolved (unanimously):

1.         that Members welcome the joint work being carried out in partnership with Heart of the South West Trading Standards, Devon and Cornwall Police and Torbay Council and request them to continue to work together to identify the best way to address closure orders moving forward and bring an update back to the Sub-Board in 12 months time; and

2.         that the Police and Crime Commissioner be recommended to continue the funding for the Vulnerability Lawyer, post the temporary funding due to the importance of this role to Torbay in tackling crime and sale of illegal tobacco and vapes and prosecuting where appropriate.