Prosecution News from Coventry Trading Standards - 25 February 2019

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Prosecution News from Coventry Trading Standards - 25 February 2019

In this issue:

Coventry shop fined over £26,000 for selling food past its use by date

sausages

Mohammed Shazad, aged 45, and Fargo Retail Limited trading as Costcutter, Far Gosford Street, have been sentenced for selling food up to 10 days past its use by date.

Coventry City Council's Trading Standards team visited Costcutter on 29/01/19  in response to a complaint from a member of the public that the shop was selling food products that were out of date.

On inspection they found various food items past their use by date in a fridge. The food included sausages, yoghurt, cooked ham and chicken and bacon wraps.

Food past its use by date is deemed to be unsafe to eat.

Mr Shazad indicated that he had only just taken over the business.

Trading Standards then conducted an investigation which resulted in Fargo Retail Limited and Mr Shazad being offered a caution. However this was declined, so the matter proceeded to court.

On 20 February 2019, Magistrates Court heard six guilty pleas from each defendant.

Fargo Retail Limited was fined 4 x £3600, a total of £14,400 and ordered to pay costs of £1204, along with a victim surcharge of £170.  

Mohammed Shazad (Director) was fined 4 x £2600 a total of £10,400 and ordered to pay a victim surcharge of £170. 

Cllr Christine Thomas, Chair of the Licensing and Regulatory Committee, said:

“We take a balanced approach to enforcement and that is why a caution was offered, in the first instance.

“I suspect that Mr Shazad and his company now regret not accepting it, as it resulted in the matter proceeding to court and he and his business now have to pay a total of £26,344.

“Food past its use by date is a serious matter and the courts have sent out a strong message to expect a substantial fine.”

To report the selling of food past its use by date:

Call trading standards on 03454 04 05 06 or email: trading.standards@coventry.gov.uk

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Coventry couple sentenced for running an illicit business selling tobacco & alcohol

Alcohol

On 15 February 2019, at Warwick Crown Court Bartiomiej Karczewski, aged 35, and Paulina Karczewski aged 32, both of Watersmeet Road, were sentenced for selling illicit tobacco and alcohol via Facebook

The couple had previously pleaded guilty on 18 January 2019.

Bartiomiej Karczewski was sentenced to six months imprisonment suspended for 12 months, ordered to undertake 150 hours unpaid work and pay costs of £1000.

Paulina Karczewski was sentenced to a 12 month Community Order, 100 hours unpaid work, and to pay costs of £1000.

The issue first came to the attention of Trading Standards when they received a complaint that Bartiomiej Karczewski was offering illicit tobacco products and alcohol on Facebook.

A copy of an advert showed that the tobacco did not comply with the appropriate labelling requirements, and was therefore believed to be non-duty paid.

Investigations led officers to another posting on Facebook, this time relating to alcohol and cigarettes and another offering Polish beer for sale.

A warrant of entry was obtained and executed and illicit tobacco and alcohol was found all over the house. In total 44500 cigarettes, 51 pouches of hand rolling tobacco and 143 bottles of Polish spirits and 34 bottles of beer were found. The tobacco included multiple brands, some of which were counterfeit.

In sentencing His Honour Judge Cooke was of the view that both were involved in running a business selling tobacco & alcohol but Bartiomiiej Karczewski took the leading role.

Cllr Christine Thomas, Chair of the Licensing and Regulatory Committee, said: “I hope this case acts as a deterrent to those thinking of selling illicit products on social media platforms.

"The quantities involved showed a commercial operation and the multiple brands further indicated that they were not for private use.

"Where Trading Standards become aware of illicit products being sold they will investigate and act as appropriate. In this case this meant obtaining an entry warrant to enter someone’s home.”

To report the selling of illegal tobacco and alcohol:

Call trading standards on 03454 04 05 06 or email: trading.standards@coventry.gov.uk

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Illicit tobacco driver caught red handed

van

A Coventry man has been sentenced to 10 months imprisonment after being caught transporting illegal cigarettes between London and Coventry.

On 9 January 2018 Trading Standards received information that a van being driven from London to Coventry was believed to be transporting illicit tobacco.

Trading Standards liaised with West Midlands Police and when the vehicle entered Coventry it was stopped and found to contain 18,000 packets of illegal cigarettes. The black market value for these cigarettes would have been approximately £63,000. 

Sardar Sattar was arrested, interviewed and a search of his house found another 950 packets of illicit cigarettes, with a ‘black market value’ of approximately £4275. 

On 5 February 2019, at Warwick Crown Court Sardar Sattar, aged 39, of Anglian Way, Stoke, Coventry, pleaded guilty to six offences relating to supplying illicit tobacco that breached trademarks, were not in standardised packaging and did not have the appropriate health warnings.

In sentencing His Honour Judge Potter gave credit for guilty pleas, but highlighted Sardar Sattar was a trusted distributor of illicit cigarettes who was able to store them as well. It was a professional operation and required a deterrent sentence. Sardar Sattar was duly sentence to 10 months imprisonment.

Cllr Christine Thomas, Chair of the Licensing and Regulatory Committee, said: “This case shows how organised the distribution of illicit tobacco has become with cigarettes being picked up from London, then stored and distributed to various shops in Coventry.

“It is through being able to react quickly with the support of our partners that this offender was caught and prosecuted.

“I hope the sentence acts as a deterrent to others involved in the supply of illicit tobacco.”

To report the selling of illegal tobacco:

Call trading standards on 03454 04 05 06 or email: trading.standards@coventry.gov.uk

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