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During Summer 2007, Trading Standards worked closely with the police to educate selected licensed premises on the changes to section 147A of the Licensing Act 2003. This section creates an offence of persistently selling alcohol to children.
Using child volunteers, a number of test purchases were attempted at six licensed premises. One premises sold alcohol on two occasions to children, the other sold on one occasion. All the sellers received fixed Penalty Notices.
Following the operations, one premises was the subject of a formal Licence Review and new conditions were placed on the licence in relation to sales of alcohol.
During February 2008, another TUSAC campaign was delivered and child volunteers used to attempt to purchase alcohol from selected retailers.
During July 2007, Trading Standards supported the police's anti-knife crime initiative "Operation CURB". Test purchases were conducted at twelve retailers to see if they would sell to child volunteers; the retailers ranged from small shops to major high street chains. Six of the shops sold, and as a result the sellers and shop managers were interviewed by the police and issued with formal warnings.
In October 2007, another operation was carried out to educate more traders. Of the 4 premises that sold knives to child volunteers, following a formal warning, none of these retailers sold knives when they were subject to a further test purchase.
During April and May 2008, we continued our work with the police and have carried out several operations where child volunteers attempted to purchase knives from retailers. Further operations are planned.
Westminster Trading Standards undertook another under-age sales campaign during 2006/7 tackling the sale of age restricted goods such as alcohol, cigarettes and aerosol spray paints to underage children. The campaign resulted in a number of prosecutions of businesses and sellers, and following hearings at City of Westminster and City of London Magistrates courts resulted in the following penalties:
Officers from Westminster Trading Standards investigated a consumer complaint concerning a coin collecting company who would 'cold call' known coin collectors. The Company would entice consumers into purchasing valuable coins for their collections. In some cases consumers felt they were receiving coins on approval basis and only need to pay once the purchase had been agreed. The coins retailed from £100 to £5000. One elderly consumer had £23,000 taken from his account.
Following an investigation under the provisions of the Enterprise Act 2002 a meeting was held with the director of the company in order to rectify outstanding matters and ensure the Companies future compliance with the Distance Selling Regulations. The Company and its director have since given an undertaking as described above and are now complying with the Distance Selling Regulations.
Officers successfully obtained refunds, where appropriate, for all consumers, this included the sum of £23,000 to the consumer mentioned above.
Westminster Trading Standards were successful in prosecuting a Ticket Agency located in the heart of London’s Theatreland at Marylebone Magistrates court. The action was taken following numerous consumer complaints about this and other ticket agencies. As a result an education and enforcement campaign was launched. Officers carried out covert test purchases of tickets and found that they were not informed of the face value of the tickets and seat locations prior to selling the tickets.
At Court the trader pleaded guilty to offences under the Price Indications (Resale of Tickets) Regulations. The Company and Director will now have to pay £16,500 in fines and costs.
Following a complaint about a property auction officers from Westminster Trading Standards carried out an investigation. Officers found that one of the auction lots for sale had been misdescribed in an auction brochure. Effectively the property had been described as freehold when in fact a proportion of the land was leasehold, with a remaining lease of 65 years.
The remaining lease meant that any purchaser would be limited in future development of the land. The auction company has since carried out a full scale review of their internal systems to ensure that no such offences are committed in the future. As an offence of misdescribing the property had taken place a formal caution was issued against the company by this Service and accepted.
As part of the recent theatreland education and enforcement campaign, a ticket agent in Leicester Square was investigated following a large number of consumer complaints received about them.
The trader failed to comply with numerous requirements of the Price Indications (Resale of Tickets) Regulations 1994, when reselling theatre tickets.
The trader, who has a past history of similar practices was fined £9000 and ordered to pay £8781 costs. The case garnered a significant amount of publicity including articles in The Times, Evening Standard and The Stage magazine.
At Horseferry Road magistrates court two Trading Standards cases were heard involving the sale of knives to an underage child following a covert test purchase operation.
The council and Police take knife crime very seriously. Previous to the sales a Westminster Trading Standards campaign called ‘No Point’ had been conducted where traders were educated and informed of their responsibilities to ultimately reduce the number of knives sold to children in Westminster. It is an offence to sell a knife or blade to a person under the age of 16 years.
A department store located on Oxford Street sold a kitchen block containing 5 knives ranging in length from 20cm - 8cm to the 13 year old volunteer. Whilst a department store located on Piccadilly sold a 3 ½" paring knife to the same child.
Both the Company’s, and one of the sellers were prosecuted by Westminster Trading Standards, and all pleaded guilty to the offences. The seller was fined and both Department stores were fined £2,000 each with full costs awarded to the Council.
This Service takes the matter of selling knives to children extremely seriously. More and more youths are carrying knives and retailers must take a responsible approach to how they sell these and all age restricted goods.
As part of the above underage sales campaign, a further 3 companies and the sellers were prosecuted by Westminster Trading Standards for selling knives to children, all parties received fines and costs were awarded to Westminster City Council.
At Horseferry Road Magistrates Court an Oxford Street trader pleaded guilty to 108 Trade Marks Act offences for offering to supply mobile phone replacement covers.
Earlier an arrest warrant had been issued by the Court against the trader for non appearances in Court. On attendance at Court, the trader was fined and costs awarded to the Council.
As part of the underage sales campaign, a test purchasing operation was conducted which resulted in the sale of an 18 classified computer game to an underage child. After an investigation the trader was prosecuted. At Horseferry Road Magistrates Court the defendant pleaded guilty and the company was fined £2,500 and full costs of £1066.40 were awarded to the Council.
In the latest under age sales campaign, following a sale to a 14 year old volunteer, a Home Office caution was issued to the partners of a small grocery business in Praed Street. One of the partners committed an offence in relation to the sale of cigarettes to a person under 16 years of age.
At Horseferry Magistrates Court a market trader in Church Street pleaded guilty to selling short weight vegetables. Following a complaint from a member of the public, Westminster Trading Standards officers made test purchases of vegetables. All the test purchases were deficient in weight compared to the unit price and price charged. The weight deficiencies ranged from 8% to 30%. The trader was fined £50 on each of seven counts and ordered to pay £350 in costs, making a total amount of £700.
As part of a recent London-wide project on the safety of furniture, Westminster Trading Standards discovered an unsafe three-piece suite being sold. The suite was test-purchased and submitted to an independent test house for safety tests which showed the suite failed the fire safety tests due to unsatisfactory cover fabric and foam filling
After an investigation, the manufacturers were also formally interviewed and subsequently issued with a Home Office caution.