UK Government crackdown on illegal sale of vapes

‘Bold new measures’ to combat rising levels of youth vaping to be announced this week

  • A new ‘illicit vapes enforcement squad’ – backed by £3 million of government funding – to be formed to enforce rules on vaping and tackle illegal sales of vapes to under-18s
  • Call for Evidence also launched to identify opportunities to stop children vaping

The UK Government is expected to unveil tough new measures to combat the illegal sale of vapes to under-18s as part of its plans to reduce smoking and tackle youth vaping in England.

In his speech at Policy Exchange on Tuesday 11 April, Health Minister Neil O’Brien is expected to announce a new ‘illicit vapes enforcement squad’ – backed by £3 million of government funding – to enforce the rules on vaping and tackle illicit vapes and underage sales.

Working across the country, the enforcement squad led by Trading Standards will share knowledge and intelligence across regional networks and local authorities.

It will undertake specific projects such as test purchasing in convenience stores and vape shops. It will also produce guidance to help build regulatory compliance, and will have the power to remove illegal products from shops and at our borders.

The minister is also expected to announce the launch of a Call for Evidence to identify opportunities to reduce the number of children accessing and using vapes, while ensuring they remain available as a quit aid for adult smokers.

It will explore topical issues such as the marketing and promotion of vapes and the environmental impact of disposable products.

Health Minister Neil O’Brien said: “Smoking kills, so our priority is to prevent people smoking, and support them to quit. We remain committed to our ambition to be smokefree by 2030.

“However, while vaping is a preferable alternative to smoking for adults, we are concerned about the rise in youth vaping, particularly the increasing use of disposable vaping products.

“The new illicit vapes enforcement squad will work across the country and clamp down on those businesses who sell vapes to children – which is illegal – and get them hooked on nicotine. Our Call for Evidence will also allow us to get a firm understanding of the steps we can take to reduce the number of children accessing and using vapes.”

Smoking prevalence in England in 2021 was 13.0%, the lowest on record, thanks to measures such as doubling duty on cigarettes since 2010 and continued funding to local stop smoking services. In 2021-22, £68 million of funding from the public health grant was spent on stop smoking services by local authorities, and nearly 100,000 people quit with the support of a stop smoking service.

In addition, £35 million was committed to the NHS last year so that all smokers admitted to hospital will be offered NHS-funded tobacco treatment services.

Avoid life-saving laws falling over a cliff edge, says RoSPA

RoSPA: Government must extend 2023 deadline for EU Law repeal to avoid life-saving laws falling over a cliff edge

  • The debate on the Retained EU Law Bill and trading standards featured at The Commons on Thursday
  • RoSPA calls to keep people safe from accidents and injury by ensuring there’s enough time to conduct a thorough review and consultation process to maintain the UK’s position as a beacon of safety
  • – Bill provides an ‘opportunity’ to pave the way for more effective legislation and regulations by assessing each law individually, over a greater time period – according to RoSPA

With Thursday’s adjournment debate on the Retained EU Law Bill and trading standards set to rage on, the Royal Society of the Prevention of Accidents (RoSPA) has reiterated its calls for a delay to the proposed implementation of the Bill at the end of this year.

Under the Bill, the Government is committed to repealing or replacing over 4,000 pieces of law taken from the UK’s previous membership of the bloc by December 2023, including compulsory seatbelt usage, workplace safety legislation, toy safety regulations, the working time directive and more.

A growing list of organisations, politicians and peers have expressed concern over rushing through the Bill, saying there is not enough time to thoroughly assess, adapt or improve each law, and if essential laws are repealed on mass this year, without proper review and consultation, many lives will be lost as a result.

Errol Taylor, Chief Executive of RoSPA, says that if managed correctly, this Bill could offer an opportunity to arrive at a successful destination, but that cannot happen if the Government sticks by its current 2023 deadline, which represents a cliff edge over which will fall essential life-saving legislation.

“At RoSPA, we’re proud to say we’re world leaders in the safety field and work with UK Government to prevent accidents and the unnecessary loss of life. Consequently, the headlong rush to abolish regulations is alarming.

“While we agree that the revision and sanitation of standards could be a positive step, we need to ensure we do this sensibly and in consultation. The Bill offers a huge opportunity for health and safety professionals to lead the way in protecting and enhancing people’s lives, and we want to be at the forefront of that.

“Ultimately, the importance lies in the preservation of the aim and intention of legislation, whether that’s protecting children, drivers or the elderly – not in how we get there.”

Some of the key laws set to be abolished, include:

  • The 2011 Toys (Safety) Regulations – dictating how toys are marketed, to make clear if they might be choking hazards, contain toxic chemicals, or if there is a danger that parts may come loose
  • The 1993 Motor Vehicles (Wearing of Seat Belts By Children in Front Seats) Regulations – setting out limited exceptions
  • The 2015 Construction (Design and Management) Regulations – to ensure proper oversight of building projects to mitigate “the risks involved”, ensure firms employ “the right people for the right job” and communicate dangers “effectively”
  • The 2012 Control of Asbestos Regulations – requiring all building owners to maintain accurate registers of where there is dangerous asbestos to avoid accidental exposure
  • 2011 legislation “on the provision of food information to consumers” – which sets out “requirements for food and drink labelling”, to alert shoppers to potentially deadly allergens
  • The 1999 Management of Health and Safety at Work Regulations – specifying what actions an employer must take.

Sir Jonathan Jones, the former head of the Government Legal Department, said leaving a needlessly short space of time to review such a large amount of legislation, was a ‘terrible way to make law.’ [1] 

This has been echoed by Chris Fox, the Liberal Democrat business spokesperson in the Lords[JA1] [JB2] [JB3] , as well as leading industry bodies like the Trades Union Congress (TUC), the Institute of Directors (IoD) and the Chartered Institute of Personnel and Development, who say that the Bill will hinder economic growth2.

Council operation stops sales of illegal tobacco in Leith

Almost £26,000 worth of illegal tobacco has been taken off the shelves by the City of Edinburgh Council’s Trading Standards team and Police Scotland.

Operation CeCe is a UK wide operation targeting illicit tobacco, which is either duty evaded, counterfeit or both and the recent operations in the capital resulted in the seizure of almost £26,000 worth of stock. It included 22,600 cigarettes and 10Kg of hand rolling tobacco which in turn represented evaded duty of over £10,600 defrauded from public funds.

Acting upon intelligence received, Officers from the City of Edinburgh Council’s Trading Standards team, in partnership with officers from Police Scotland, attended a number of premises in the Leith Walk area of the city, along with tobacco detection dog Boo.

Transport and Environment Convener, Councillor Scott Arthur, said: “These recoveries are a fantastic result for our Trading Standards team who work hard to identify and tackle unsafe and illegal products. Stopping such products reaching consumers in Edinburgh and beyond is a testament to their proactive strategy and dedication.

“I am, of course, concerned that this market exists within Edinburgh. These products have not had the required duty paid on them, but also do not comply with the plain packaging, warning requirements, and where they are counterfeit, breach Trade Marks legislation. No tobacco product is safe, but the recovered goods may not comply with the requirements designed to ensure that cigarettes are self-extinguishing to prevent domestic fires.

“Illicit and Counterfeit Tobacco evades taxation and often ends up in the hands of young people, and for that reason tackling it is a key part of Edinburgh’s contribution to the Scottish Government aim to achieve a Smoke Free Generation by 2034.

“We are committed to tackling the supply of illicit tobacco, and will work with our partners in Police Scotland and HMRC wherever possible to disrupt its supply. Legitimate retail sale of tobacco is also disadvantaged where illicit supply routes exist, and we would encourage any legitimate business owners to come forward with any information.”

Watch out for doorstep scammers as lockdown ends, Which? warns

A Which? investigation has found that doorstep scammers are back in business after lockdown restrictions – and these ruthless fraudsters are using new coronavirus scams to target the most vulnerable. 

According to Action Fraud data, £18.7 million was lost to doorstep crime in 2020 alone. With many in-person scams believed to go unreported, the true figures could be even higher.

Doorstep scams can come in many forms. For example, fraudsters might offer building, gardening or home improvement services and then overcharge for or never complete the work. Fraudsters also often pose as salespeople or charity workers as a means of parting people from their hard-earned cash.

The number of reports to police for this type of fraud in April 2020 was 46 per cent lower than April 2019 as doorstep sellers were banned during the lockdown. However, by summer 2020, reports of doorstep scams had returned to pre-pandemic levels, with fewer restrictions stopping fraudsters from going out.

Which? research has found that scammers have exploited vulnerable people’s uncertainty and isolation during the lockdowns and used the pandemic as an opportunity to create new coronavirus frauds and recycle old scams.

A survey of 1,186 Which? members found that 16 per cent have received unsolicited visits from someone claiming to be a salesperson or charity worker since the start of the first lockdown.

9 per cent said that they felt the visitor was pressuring them into making a purchase or performing a certain action, such as donating.

Although Which? doesn’t know how many of these visits were scams, even genuine doorstep selling can leave consumers at a disadvantage. These unexpected visits can also be unnerving – especially for elderly or vulnerable people or if the salesperson is particularly pushy.

Which? member William Grayson, 81, lives alone in Weston-super-Mare, a 40 minute drive from his closest relatives.

William was visited at his home by two volunteers from a ‘Covid support group’ who offered to do shopping and errands for him while he was shielding. He gave the young couple £200 cash over two visits for food and home essentials but never got his shopping. He said: “Realising these people were out to get me made a dark time even darker for me to be honest.”

Which? has heard from other victims across the UK who have been targeted by fraudsters claiming to be from local NHS services offering fast-track testing and vaccines, collecting donations for fake charities and selling vitamin pills that ‘protect against’ Covid-19.

NHS services across England, Wales, Scotland and Northern Ireland continue to stress that all testing and vaccine services are free of charge, and nobody will ever turn up at someone’s home without warning. Those being vaccinated at home will likely be contacted in advance by their local NHS service, or regular district nurse, to arrange an appointment.

An increase in home improvement projects during lockdown provided scammers with new opportunities to rehash old scams.

Over a third (37%) of Which? members surveyed who had an unsolicited door knock said it was someone offering home improvement services.

When two landscapers turned up at Lucy’s, whose name has been changed, front door in Maidenhead last July, offering to tidy up her front garden, she didn’t think it was unusual that they’d asked for the money up front.

She explained: “They said they’d been working on my neighbour’s garden and thought mine looked like it could do with a bit of TLC. It was funny because I’d recently been admiring my neighbour’s new front garden.”

Lucy later found out they weren’t the same traders that had worked on her neighbour’s garden. She has since given up hope of getting any money back.

Unfortunately for Lucy, victims are unlikely to get their money back if they’ve handed over cash.

Cash transactions are also untraceable which makes the perpetrators harder to track down and bring to justice.

Which? advises consumers against buying from unsolicited doorstep sellers. This applies to anyone that calls by who isn’t expected, or who consumers haven’t made an appointment for, such as water or electric meter readings or gas engineers.

If there are any safety fears, police and Trading Standards advise calling 999. This also goes for particularly aggressive traders.

It is banned practice for a trader to refuse to leave your property if you’ve asked, although this may be justified under some circumstances, such as to enforce a contractual obligation.

Consumers should also sign up to Which?’s scam alert service in order to familiarise themselves with some of the latest tactics used by fraudsters, particularly given the explosion of scams since the coronavirus crisis.

Adam French, Which? Consumer Rights Expert, said: “It’s highly concerning that doorstep scammers are back in business and looking to exploit the pandemic in every way they can. We all need to be wary of anyone who knocks on our door unexpectedly.

“Adopting a blanket policy not to buy goods or services offered at the door is a sure-fire way to stop any would-be fraudsters in their tracks. However, if you do decide to purchase something at your door, you should ask the seller for their ID or call the company to verify their identity before making any payments.

“If you encounter a fraudster, you should report this to Action Fraud in England or call Policing Scotland on 101 in Scotland and if you have any safety fears, dial 999 immediately.”

Joan is Edinburgh’s Scambassador!

The City of Edinburgh Council has stepped up its fight against scams by joining forces with the Friends Against Scams campaign. The Council is the first organisation in Scotland to make the Friends Against Scams pledge to change perceptions and raise awareness of scams amongst staff and the wider community. Continue reading Joan is Edinburgh’s Scambassador!

Cold call crackdown success

cold call

Special zones which help ‘stamp out doorstep crime’ have been hailed a success as the city passes the 100 mark of ‘No Cold Calling Zones’ (NCCZ).

Following a successful Trading Standards campaign during the summer, supported by Police Scotland, all City of Edinburgh Council Sheltered Housing complexes have been designated NCCZ’s and a number of other zones have also been established.

A No Cold Calling Zone is an area in which a majority of residents have stated that they do not want traders to call at their homes without being invited. These areas help local residents to have the confidence to say “NO” to uninvited salespeople and to warn rogue traders and cold-callers that they are not welcome.

Community Safety Leader Councillor Cammy Day visited one of the most recently set up zones in Barnton. He said: “I’m delighted at the response from our residents working with the Trading Standards team to protect vulnerable neighbours by forming No Cold Calling Zones. The feedback from existing zones indicated that 92% of residents have noticed a drop in cold callers, and a satisfaction rate of 100%.

“Cold callers can often be a precursor to doorstep crime incidents, and the formation of these zones encourages neighbours to be aware and gives them the confidence to challenge traders calling within a zone. Traders identified as calling within a zone will be dealt with robustly by our Trading Standards team.”

Street signs have been installed in the area and residents can be provided with stickers to display on their front doors. A stencil was sprayed on the pavement of the street to make callers aware that the area is a ‘No Cold Calling Zone’ and that the residents will not deal with them.

Inspector David Happs, Police Scotland Prevention, Intervention and Partnership Department said: “The creation of these ‘No Cold Calling Zones’ right across Edinburgh illustrates the willingness of local communities to work in partnership with Police Scotland, Trading Standards and others to stamp out doorstep crime. It is a crime that can affect anyone and we want to equip our community in how to keep cold callers out of their homes and protect themselves against doorstep crime. Those responsible, like bogus callers and rogue traders, are often extremely convincing in how they approach and interact with potential victims. ‘No Cold Calling Zones’ really sends out a strong message that these criminals are not welcome in Edinburgh.

“Police Scotland is committed to continuing to work with our partners to tackle this unscrupulous crime and urge you to report it. Please report any suspicious activity to Police on 101, or your local Trading Standards Department. If the person refuses to leave your door, or you feel threatened or scared – call 999 and ask for the Police.”

If you would like to find out more about setting up a No Cold Calling Zone on your street, ContactEdinburgh’s Trading Standards team on 0131 529 3030 or email trading.standards@edinburgh.gov.uk for more information. Continue reading Cold call crackdown success

Bogus builder jailed for three years

bogus2

An Edinburgh Trading Standards and Police Scotland anti-doorstep crime initiative has resulted in a jail sentence for a bogus workman. Robert Stewart, who defrauded an elderly victim out of almost £150,000, was convicted and jailed for three years at Edinburgh Sheriff Court on Thursday.

Last December, Stewart (21) attended at the Preistfield Road home of an 87-year-old man and offered to repair a television antenna. Stewart then advised the homeowner that extensive work was required on the roof, which his company Abbey Building & Roofing could carry out.

The elderly man agreed to the maintenance and between late December 2015 and March 2016 made several online payments to the building company totalling £147, 460.

Staff at the victim’s bank contacted police after becoming suspicious and officers began investigating during which time they arranged for two independent surveys on the Priestfield Road house. It was established that the work carried out was inferior and valued at far less than the fee charged.

Detectives carried out financial inquiries and linked the payments to an account held by Robert Stewart, who was detained and subsequently charged on 14 April this year.

Detective Sergeant Gary Reid said: “Robert Stewart preyed on an elderly man and was able to extort a large sum of money for work that was sub-par and nowhere near the valuation of such repairs.

“After bank staff observed a pattern in the victim’s payments they became suspicious and reported their concerns to police. We then launched a robust investigation alongside the City of Edinburgh Council’s Trading Standards department resulting in Stewart being charged with bogus workmen offences.

“His sentence should send a clear message that we will continue to work closely with our partners to actively pursue those involved in crimes of this nature to bring them to justice.

“I would like to take this opportunity to remind our communities never to allow unsolicited work to be carried out on your home or property and to always use individuals or companies you know or trust.

“In addition, family, friends and neighbours of vulnerable people are asked to be vigilant for any suspicious or unusual activity around their homes and report any concerns they have to police.

“We are committed to tackling bogus workmen and rogue trader crimes and whenever these incidents are reported to us we will investigate thoroughly to bring those responsible to justice.”

Community Safety Leader Councillor Cammy Day said: “This court case should send a warning to those who are involved in this type of criminal behaviour. Doorstep Crime remains one of our top priorities and incidents can be devastating for victims, both financially and in terms of having the confidence to live independently.

“We must ensure that everyone has the confidence to come forward – every complaint is taken seriously. Consumers must be able to trust what they are told by tradesmen, and we advise the public to use Edinburgh’s Trusted Trader scheme if they need any work carried out. You can report incidents or ask for advice by calling 0131 529 3030.”