Vertical Markets

Illegally imported tobacco op

by Mark Rowe

Nearly 100 packets of cigarettes and two kilogrammes of tobacco were seized as part of a multi-agency operation in Huddersfield targeting the sale of illegally imported tobacco products.

During the evening of Thursday, October 30, officers from Huddersfield Neighbourhood Policing Team with colleagues from HM Revenue & Customs, Kirklees Council licensing, UK Border Agency and Trading Standards visited five licensed premises in the town centre. Two – Wisla and 24 Hours Corner, in John William Street – were found to have items for sale with foreign labelling.

Inspector Jon Dunkerley, of Huddersfield Neighbourhood Policing Team, said: “Often the sale of cheap, illegal tobacco is seen as a victimless crime. The truth is that a lot of these items are sold on the black market without any duty being paid and people are getting ripped off. There is also the issue that much of this is actually fraudulently branded and what is contained within is far more toxic and dangerous than legal cigarettes and tobacco. Robust action will be taken against anyone selling these items and I am pleased to say that this partnership operation has resulted in a significant amount of suspected illegal tobacco products being removed from sale.

“Those who hold a premises licence do so as a position of trust. Anyone who is not adhering to such a licence can expect an immediate review by all partner agencies and risk losing their licence as well as court action and a fine.”

Meanwhile in June the House of Commons Home Affairs Committee raised what MPs called the urgent need for improvements to the Government’s ‘Tackling tobacco smuggling’ strategy. The committee reported that over the last three years the numbers of arrests, prosecutions and convictions for organised crime cases involving tobacco have all fallen. Civil penalties were also substantially below target in both 2011–12 and 2012–13. MPs reported that HM Revenue and Customs (HMRC) has not fined any UK tobacco manufacturer for over-supplying products or failing to control its supply chain, and has issued only one statutory warning letter threatening a fine.

Labour MP Keith Vaz Chairman of the Committee said: “It is a matter of grave concern that, despite an increase in the resources over the last three years the numbers of arrests, prosecutions and convictions for organised crime cases involving tobacco have all fallen. It is vital that there is no reduction in enforcement action. The time of Jamaica Inn is over and our fight against tobacco smuggling must be a priority.

“It is most surprising that no UK tobacco manufacturer has ever been fined for over-supply of products to high-risk overseas markets, and that only one statutory warning letter has been issued. The penalties available are too weak and enforcement too rare. An immediate review should be taken against all historic and ongoing cases in order to ensure those who have committed an offence do not go unpunished. The standardised packaging decision should be made on the basis of health. It is vital that consideration of the potential effects on smuggling is thorough and common sense steps are taken to ensure that criminal gangs do not profit from the Government’s decision.”

In its response, the Government in October said that the Tobacco Products Duties Act supply chain legislation has succeeded in its objective to reduce tobacco manufacturer supplies to high-risk markets. Visit http://www.publications.parliament.uk/pa/cm201415/cmselect/cmhaff/767/767.pdf.

The Government said that|HMRC officers will lead new inland enforcement operations in hotspot areas across the UK. These operations were described as ‘intensive bursts of activity where officers will carry out checks on shops, warehouses, self-storage sites, businesses and workplaces suspected of being used to sell, store, supply or distribute illicit tobacco and alcohol’.

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