On Monday 3 July, Michael Crane, of Crossway, Widnes, and Ferdane Rufat, of Greek Street, Runcorn, were both sentenced at Liverpool Crown Court for possession of counterfeit and illicit tobacco, contrary to the Trade Marks Act 1994.
Halton Borough Council’s Trading Standards were alerted after receiving complaints from local residents that counterfeit tobacco was being sold to children from the Sugar Shack, 98 Albert Road, Widnes.
In August 2019, Trading Standards Officers carried out a test purchase using a 16-year-old volunteer who was able to purchase cigarettes from the sweet shop which were later confirmed as counterfeit.
Assisted by police officers, Trading Standards immediately carried out a search of the premises and a quantity of tobacco was seized from a concealed unit in the ceiling. The seizure from the sweet shop prompted police to carry out a search of Michael Crane’s address where a quantity of hand rolling tobacco was found and seized by police.
This case involved a lengthy investigation into the defendants; Michael Crane was identified in 2016 as actively selling counterfeit tobacco via Facebook, and Ferdane Rufat had been linked to a local car wash in Runcorn – both defendants had previously received warnings from Halton Trading Standards, but despite this they continued to sell counterfeit tobacco.
In sentencing, Crane and Rufat received custodial sentences, of 16 and 20 weeks, suspended for six months and eight months respectively. Both were also given rehabilitation activity requirements and ordered to contribute to costs. In addition, Rufat was also given 80 hours of unpaid work to complete, and Crane’s mobile phone was forfeited.
Recorder Lister cited the previous warnings as aggravating factors in the case and stated that there “can be no suggestion that they were not aware” that their activities were criminal conduct. He also noted that Sugar Shack was mainly directed at children, which increased the level of harm in this case.
With this case, Halton Trading Standards service were particularly concerned that the trader was selling counterfeit tobacco to children from a sweet shop and, as such, swiftly acted upon intelligence received. A spokesperson for the service confirmed: “We are increasingly seeing counterfeit and illicit tobacco being sold from retail premises used to facilitate criminality, and target school children.
“We would like to thank those residents who alerted us to this sweet shop and would strongly urge anyone with information relating to the sale of counterfeit/illicit tobacco to report this to Trading Standards. Your support is vital in helping us to remove these traders from Halton.
“Halton Trading Standards will continue to pro-actively target traders whether they sell via the high street or online social media accounts like Facebook. With a clear warning that sellers will face criminal enforcement action when they are caught and they risk having their computers, mobile phones and even their vehicles seized.
“Furthermore, sellers should consider the impact a criminal conviction will have on their private lives – their employment prospects, their ability to get holiday visas and their reputation with their neighbours and their community.”
Cllr Martha Lloyd Jones, the Council’s portfolio holder for Consumer Protection and Trading Standards, said: “We have a duty to protect the health of residents in Halton and so it is important that we prosecute those involved in the supply of counterfeit tobacco. The sale of counterfeit tobacco is a real concern, and more so when children are at risk of harm.
“Trading Standards will continue to investigate and take enforcement action to ensure that residents of Halton are protected from harm and ensure that children can grow up to live longer and healthier lives. The length of this investigation sends a clear message to these criminals that our Trading Standards Service will not let up if these individuals persist in peddling to the children of Halton.”
If you have any information involving the sale of counterfeit goods then you can report it, anonymously if you wish, via the Citizens Advice Consumer Helpline on 0808 223 1133.
If you have any information specifically relating to the sale of illicit cigarettes or alcohol then you can telephone the Halton Trading Standards Hotline for Alcohol and Tobacco on 0151 511 8787. This is a reporting voicemail facility only and any information provided can be left anonymously, however, please provide enough information to identify those involved and if you want feedback your contact details too. Remember all other trading standards matters can be reported in the usual manner by contacting 0808 223 1133, as above.