Shop owner in court for selling vape to 16-year-old

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Tuesday, 11 July 2023 08:04

By Keri Trigg - Local Democracy Reporter

A shop owner sold a vape containing nicotine to a 16 year old mystery shopper sent in by Shropshire Council, a court heard.

Marcus Finchett, who owns Oswestry Vapes, made the sale without asking for the youngster’s ID in what was the third incident of a similar nature since he opened the shop.

The 29-year-old, who is currently remanded at HMP Berwyn on unrelated charges, was due to appear at Telford Magistrates Court via video link on Monday.

However the court was told he had refused to leave his cell and the case proceeded in his absence.

Mike Davies, prosecuting on behalf of Shropshire Council, told the court the girl visited Finchett’s shop in Albion Hill on December 5 last year, under instructions from a trading standards officer.

She purchased an Elf Bar 600 disposable vaping device and was not challenged for ID.

Mr Davies said the shop had previously failed to ask for ID when a test purchase was carried out in 2016, and again in March 2022.

However on another occasion, in July 2022, another sale was refused after the teenage volunteer was asked for ID.

Mr Davies said Mr Finchett had been given advice after the two previous failures.

In a voluntary interview following the latest incident, Finchett told council officers he was remorseful and disappointed in himself, Mr Davies said.

A statement from Finchett was read to the court, saying he had owned the business for eight years and was normally diligent in asking for ID. He put the indicent down to a “lack of concentration”.

Finchett, of Fairview, Rhostyllen, Wrexham, was handed a six-month conditional discharge and he must also pay a £26 victim surcharge.

An application from the council for Finchett to pay the £2,300 costs of bringing the case to court was not granted, after the magistrates said the fact he was currently in custody meant he would not have the means to pay it.