Exclusive:‘Criminal’ Southsea vape shop that sold illegal tobacco for 18 months is closed down by court
"The selling of illegal tobacco is a serious criminal matter,” a judge told the owner.
For more than a year, this vape shop was selling illegal tobacco to customers looking for cheap cigarettes.
Now, it has been closed down by the courts.
For close to 18 months, Vape City in Albert Road, Southsea, sold a combination of illegal, counterfeit and duty-free tobacco - but could not hide from the watchful eyes of Trading Standards.
Following intelligence reports from police, HMRC and concerned members of the public, an investigation was carried out, which found that shop workers were going out the back to a white Hyundai, grabbing packs of illegal tobacco and selling it for less than the market rate.
Trading Standards officers carried out two test purchases, and were able to walk out with the tobacco in their hands on both occasions. When the car was seized, £18,000 of illegal tobacco was found inside.
A closure notice for Vape City was issued on November 2, and at Portsmouth Magistrates Court on Thursday, November 12, the shop was handed a closure order after a court hearing.
Portsmouth City Council solicitor Mary Kigonya said: "In terms of the prosecution case, owner Idris Jalal rejects the sizeable seizure of tobacco, and says it is not from his store. Mr Jalal says the tobacco in this vehicle was nothing to do with his store, and that is the basis of his objection."
Giving evidence in court, Trading Standards officer Samuel Curtis said: "The fake cigarettes were being sold for between £4-7. It's quite common practice for illegal tobacco to be sold from vehicles - a legitimate business would not do that, instead selling it from a cabinet behind the checkout counter.
"The police stated that the vehicle was being used to store tobacco, which was being sold in the shop. Vape City was regularly selling cheap, illegal tobacco and using a nearby car to store it."
The vehicle was found to be parked roughly a minute's walk away from the shop, matching the time the seller was gone during Trading Standards' test purchases. No tobacco was ever found to be kept in-store.
Mr Jalal, speaking through a Kurdish translator, said: "How can you prove the car is mine, or the tobacco is mine? If it's not mine, how can I sell it?
"Are there not other shops there too - how can you prove it was mine? There are other shops in Albert Road that have been closed, and people have been arrested."
Mr Curtis added: "I don't believe the vehicle is yours, but the cigarettes were being brought into the store from the car.
"I never said that you have sold the tobacco; I'm saying that illegal tobacco is being sold from your shop.”
Mr Jalal then told the court that the person selling the tobacco was a friend of one of his employees, who "needed the money" - and insisted that he only ever sold vapes, sweets and drinks.
Ms Kigonya said: "It seems a little odd for a friend to be allowed into the shop, and to sell illegal tobacco. There have been complaints for a year and a half about tobacco being sold in your shop."
"For 11 years I have been in this country without any problems," Mr Jalal added. "This is my first time in court and I am not okay with doing illegal things."
Issuing the closure order, Judge David Robinson said: "There has been some dispute between the parties on the facts, and there are two alternative explanations.
"But in both January and October, test purchase volunteers entered the shop, asked to buy tobacco, and were sold tobacco. Having considered the evidence, I'm satisfied that I am sure that a person has engaged in criminal behaviour on the premises.
"I've considered that a friend of an employee might have gone rogue, but it's implausible that they happened to be there when test purchases were made. I'm afraid I didn't find Mr Jalal's account plausible either, I don't believe it.
"The selling of illegal tobacco is a serious criminal matter. It would carry on if a closure order was not made."
Vape City will now be closed until February 3, with Mr Jalal ordered to pay £814.60 in costs.
Speaking about the wider crackdown on organised crime in high streets, Chief Constable Gavin Stephens, chairman of the National Police Chiefs’ Council, said: “People across the country will recognise this problem all too well. These dodgy shops are a visible stain on our high streets, dens for drug dealing, exploitation and the sale of dangerous counterfeit goods, and often a front for criminal gangs to launder their money and fund even more serious organised crime.”