Over 20% Derry and Strabane vape shops fail underage test

In an update report, delivered at this month’s Health and Community Committee meeting, Council officers said ten of the 48 recently-tested premises had sold e-cigarettes to a person under 18 years of age.

They also noted that no premises sold tobacco products to a person under 18.

“Enforcement action is under way, including the service of five fixed penalty notices thus far. Fixed penalty charges are set at £250 if paid within 28 days or £187.50 if paid within 14 days,” the report stated.

Head of Health and Community Wellbeing, Seamus Donaghy, said the next test purchase would take place in March.

SDLP councillor Brian Tierney had raised the issue at an earlier Committee meeting and said he was “shocked that it was only ten, given some of the information that I would have”.

He asked who was responsible for the setting of the fixed penalty notice and suggested that council should carry out testing “above and beyond” their statutory obligations.

“We obviously have a duty to carry out this purchase, are we going to meet the figures of our statutory obligation or are we able to go over and above that where we find it necessary?” he asked.

“I welcome the test purchases, but I genuinely don’t think that we should leave it until next year because between now and then we have no idea how many young people are going to end up addicted to these products.

“I would be keen to know the time that these premises were tested, that’s going to be key to trying to stop the sale of these products to under-age people.”

Colr. Tierney requested an assurance from officers that the test was going to take place after school hours “because there’s no point in doing this during the day when children are in school.”

Mr Donaghy said the fixed penalty notice amounts were set in statute and could not be altered by council, and while the next test purchase was not scheduled until March, officers could “bring that forward if members wish to”.

He added: “We do have a contract with the Public Health Authority but we will continue to investigate complaints and respond to those.

“We’re happy to look at the times, but there’s an argument that a lot of these cigarettes are probably purchased at lunchtime with children at school so we can have a look at that.”

Sinn Féin councillor Caitlin Deeney, who chaired the Committee meeting, said she was also shocked that the figure wasn’t higher and asked for a further report at January’s committee meeting to “keep on top of it every month”.

Last year, Derry City & Strabane District Council wrote to request a ban on single use vaping products, describing them as an ‘environmental and health catastrophe’, following a proposed by Councillor Deeney.

Andrew Balfour,

Local Democracy Reporter.