A Darlington shop investigated over the suspected sale of illegal vapes and cigarettes, including alleged sales to children, has been ordered to close for three months.
Darlington Borough Council’s trading standards officers secured the premises closure order against 'Pick & Pay', on North Road, at Peterlee Magistrates’ Court on Wednesday (August 5).
The order prevents any business from operating from the property for three months.
It follows a day of action targeting the illegal tobacco trade last week, when premises closure orders were served on three other businesses in the town.
Darlington Borough Council said it often had no legal power to prevent a business from opening because most shop premises in the town were privately owned.
Many businesses can also lawfully move into and trade from existing commercial properties without requiring further planning permission or specific approval from the council.
The council said ordinary retail shops, including those selling cigarettes, do not currently need a specific licence to open and trade.
However, proposals contained in the Tobacco and Vapes Bill could lead to the introduction of a mandatory licensing scheme by the Government in the future.
The council also stressed that the length of a premises closure order was determined by magistrates and not by the local authority.
Under current national legislation, a court can impose an initial closure order for up to three months. That order can then be extended for a further three months if necessary.
Permanent closure is not an option available under the existing legislation.
The Government is considering changes which could allow an initial closure period of up to six months, with the possibility of a further six-month extension.
Responding to concerns that businesses could reopen and resume illegal activity, the council said closure orders were intended to disrupt suspected criminal activity and formed only one part of a wider enforcement process.
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A council spokesperson said: “Our focus is on using all available legal powers to tackle illegal tobacco sales, protect legitimate businesses and keep our communities safe.
“If illegal activity continues, further enforcement action will be taken and may include further investigations, the seizure of illicit goods, prosecution and applications for further court orders.”
The council added that it worked closely with landlords and property owners to encourage responsible letting practices and help ensure commercial premises were occupied by reputable tenants operating within the law.
Residents have also been urged to play their part by refusing to buy illegal tobacco and vaping products and by reporting suspected sellers.
The spokesperson added: “The public has an important role to play in tackling the problem.
“By choosing not to buy illegal cigarettes and continuing to report suspected sales to trading standards, residents can help reduce demand, support legitimate retailers and protect the health of our communities.”
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