Traders Prosecuted: Trading Standards Offences
This is a list of traders, prosecuted by Trading Standards in Birmingham, that have been taken to court during the period August 2012 to February 2013.
Mohammed Ghalib T/A Zain Noshahi Tours
Pleaded guilty at Birmingham Magistrates Court on 2nd August 2012 to six offences of using the Air Travel Organisers Licence “ATOL” and the International Air Transport Association “IATA” logos on business leaflets and business cards at Zain Noshani Tours, 135b Alum Rock Road, without being authorised to do so. Appealing against conviction and sentence.
Sentence £12,000 (£2,000 x 6)
Prosecution Costs £781 (£781 requested)
Consumer Protection from Unfair Trading Regulations 2008 and The European Communities Act 1972
Mohammed Iqbal Khan T/A Europak
Pleaded guilty at Birmingham Magistrates Court on 23rd August 2012 to four offences of possessing for supply cosmetic products at Europak, 67 Alum Rock Road, which failed to comply with the Cosmetic Products (Safety) Regulations 2008 in that they were not correctly labelled. The packaging failed to display the name and address of the manufacturer, conditions of use and warnings and batch numbers. Forfeiture order granted.
Sentence £335 with no separate penalty for remaining 3 offences
Prosecution Costs £1,284 (£1,284 requested)
Consumer Protection Act 1987
Sheryar Shahid Malik
T/A Bid 2 Buy
Pleaded guilty at Birmingham Crown Court on 4th October 2012 to 14 offences of being a car trader and providing false information as to the mileage description of Japanese imported vehicles being offered for sale at Bid 2 Buy, 110-116 Lombard Street, Digbeth, Birmingham. All 14 vehicles had travelled in excess of the mileage displayed.
Sentence 15 months imprisonment. (To serve half and then eligible for release on licence)
Consumer Protection from Unfair Trading Regulations 2008 & European Communities Act 1972
Partners Mobile Phone Accessories Ltd &Samarjit Singh
Both defendants pleaded guilty at Birmingham Magistrates Court on 25th October 2012 to eight offences: two of having 539 mobile phone chargers in possession for supply at 40 Great Hampton Street, Hockley, which were unsafe
in that they failed to comply with the Electrical Equipment (Safety) Regulations 1994 and six offences of possessing Bluetooth adaptors and memory cards for the purpose of supply which bore a registered trademark, namely Microsoft, without the consent of the trade mark proprietor.
Sentence Total £2,000 (Company Only) (£1,500 – Offence 1 & £500 – Offence 3)
with no separate penalty for other offences - No separate penalty for Mr Singh. (Director)
Prosecution Costs £1,000 (£1,273 requested)
Consumer Protection Act 1987 & Trade Marks Act 1994
Pleaded guilty at Birmingham Crown Court on 9th November 2012 to 12 offences of being a car trader and providing false information as to the mileage description of vehicles being offered for sale. All 12 vehicles had travelled
in excess of the mileage displayed.
Sentence 26 months imprisonment.
Fraud Act 2006
Pleaded guilty at Birmingham Crown Court on 13th November 2012 to one offence of engaging in a commercial practice, namely the sale of a luxury holiday service. False claims were made on a website, verbally and in writing to
induce a consumer to enter into a contract. Mr Pillinger ran ‘Holbrook Holidays’ from his one bedroom council flat and ‘sold’ membership to a holiday scheme that didn’t exist.
Sentence Six months imprisonment
No costs awarded
Consumer Protection from Unfair Trading Regulations 2008 & the European Communities Act 1972
Azka Impex Limited & Lutfur Rahman Belal
The Company and Company Director pleaded guilty at Birmingham Magistrates Court on 15th November 2012 to a total of 10 offences (five each) of having in their possession for supply 22 bags of material labelled “sylheti purified
soil”, a clay food supplement for pregnant women, which was not a safe product in that it contained arsenic and lead. The offence took place 94 Soho Hill, Hockley, Birmingham
Sentence company total £4,800 (£960 x 5) - Director total £1,200 (£240 x 5)
Prosecution Costs £1,283 – Awarded against Company only (£1,283 requested)General Product Safety Regulations 2005
Azka Impex Limited & Lutfur Rahman Belal
The Company and Company Director pleaded guilty at Birmingham Magistrates Court on 15th November 2012 to a total of 16 offences (eight each). Four offences of having in their possession for supply 392 cosmetic items which included hair oil, powder and skin cream which failed to comply with labelling requirements and one of failing to keep information relating to manufacturing methods for each product to show that it did not endanger human health &
safety. Three offences of placing a mobile phone toy and a toy flash gun on the market both of which failed to comply with toy safety requirements. The sound pressure level of the toy gun exceeded 80dB.The offence took place 94 Soho Hill, Hockley, Birmingham.
Sentence company total £6,400 (£800 x 8) - Director total £1,600 (£200 x 8)
Prosecution Costs £989 – Awarded against Company only (£989 requested)
Consumer Protection Act 1987
Imran Khan T/A Dollar Designs,Yaser Khan, Adil Khan, Yasser Liquat & Saqlain Nawaz
All defendants pleaded guilty at Birmingham Crown Court on 4th January 2013 to one offence of conspiring with the each other and persons unknown to sell or offer for sale or distribution unauthorised trade marked goods, namely clothing and footwear, at Dollar Designs, 718 Alum Rock Road and 68 Showell Green Lane. 22 designer labels were included in the 1755 items seized.
Sentence Imran Khan 2 years custody, Yaser Khan 12 months custody, Adil Khan 15 months custody Yasser Liquat 18 months custody & Saqlain Nawaz 18 months community order with an unpaid work requirement of 150 hours subject to 6 months supervision
No costs awarded as POCA timetable to be set.
Criminal Law Act 1977
Pleaded guilty at Birmingham Magistrates Court on 7th February 2013 to one offence of selling tobacco to a person under the age of 18 at Dawn Till Dusk Ltd Convenience Store, 62 Wood End Road, Erdington.
Prosecution Costs £400 (£520 requested)
Children & Young Persons Act 1933
Preetwant Singh Bhullar & A & B Shoes Limited
The Company and Director each pleaded guilty at Birmingham Crown Court on 13th February 2013 to one offence of having in their possession at 67-70 Mott Street, Hockley, nine pairs of ladies ‘Ugg’ boots which bore a
registered trade mark without the consent of the trade mark proprietor.
Sentence both fined £1,500
Application for costs will not be made until the POCA hearing in June 2013.
Trade Marks Act 1994
Al-Sattar Begg Hajj & Umrah Limited & Abdul Sattar Begg
Pleaded guilty at Birmingham Magistrates Court on 21st February 2013 to five offences; four of using the “ATOL” and “IATA” logos on leaflets without authorisation and one offence of making a verbal representation to an officer of Birmingham City Council that the Company was ATOL bonded when it was not.
Sentence both fined £2,500 (£500 x 5)
Prosecution Costs £1,000 (£1,000 requested)
Consumer Protection from Unfair Trading Regulations 2008
Pahal Jewellers Ltd & Darshan Pahal
The Company and Director each pleaded guilty at Birmingham Magistrates Court on 25th February 2013 to eight offences; seven of offering unhallmarked jewellery, namely bangles, rings and bracelets, for sale at Pahal Jewellers, 148 Soho Road, to which the oral description “22 carat gold” had been applied and one offence of describing a bangle as “22 carat gold” when the product did not contain at least 91.6% gold required to be described it as “22 carat gold”.
Sentence both fined £2,075 (£200 x 7 & £750 x 1)
Prosecution Costs £1,270 (£1,270 requested)
Hallmarking Act 1973 & Consumer Protection from Unfair Trading Regulations 2008