New call for crackdown on criminal gangs that sell illegal cigarettes

Martin Shipton

A councillor’s discovery of a discarded packet of cigarettes as he was out walking has prompted him to call for a renewed campaign against illegal tobacco sales, which are ruining people’s health and robbing the Treasury of many millions of pounds.

Nigel Dix, who leads the Independent group on Caerphilly council, said the authorities should take a more coordinated and pro-active approach towards the issue.

He said: “I came across the empty packet of 10 cigarettes as I was walking in Pontllanfraith. I knew they were illegal because selling cigarettes in packets of 10 was banned years ago to make it more difficult for children to afford to buy them.

“I’m concerned that there are organised gangs involved in importing such cigarettes from overseas, and that there is a distribution network involving shops which are essentially money laundering concerns. Other kinds of criminal activity are taking place at the same time, including the supply of illegal drugs.

“I don’t think enough is being done to stop it. I believe the police and other agencies should be more pro-active in tackling this major concern, which is creating serious health problems for many people and depriving the UK and Welsh governments of tax revenue that could be spent on public services.”

ASH

Cllr Dix’s concerns were borne out by a report produced by the anti-smoking campaign group ASH Cymru 10 years ago.

The report said: “Tackling the organised crime groups involved in the supply of illegal tobacco is proving difficult for enforcement agencies. They are taking action at local level. The scale of the operation and the tactics these groups employ means that enforcement must be more targeted and sophisticated to have the greatest impact.

“Some suppliers of illegal tobacco are going to more and more extreme lengths to conceal product in the case of a visit from an enforcement agency. Public sector resources are reducing and under great scrutiny and as such there are fewer Trading Standards officers. The cost of specialist support such as sniffer dogs and forensics examiners for computers and mobile phones can be difficult to meet. This can be a barrier to effective enforcement.

“In the past illegal tobacco supply across the UK has been shown to be linked with other types of criminality. These have included: people trafficking, the supply of other types of counterfeit goods, loan-sharking, extortion, handling stolen goods, the supply of illegal alcohol and the distribution of controlled drugs.

“In the course of research for the preparation of this document information was received and evidence seen to show that illegal tobacco supply in Wales is linked to the supply of other types of counterfeit goods, extortion, the supply of illegal alcohol and the distribution of controlled drugs. Almost certainly, the most significant organised crime element in the supply of illegal tobacco in England and Wales takes the form of a network or group, run by foreign nationals. Evidence of this has been found to differing extents in parts of Wales.”

Market share

The report said that the illicit tobacco volume market share of 15% in Wales was among the highest recorded on any of the regional surveys in England and Wales.

It added: “There is a marked differentiation in the prevalence of illicit tobacco across the Welsh regions, with purchase levels being much higher in the south than the north. The opportunistic nature of illicit tobacco purchase is evident from the relationship between the level of offers for sale and the illicit volume share. While ‘opportunists’ make up over half of all buyers, it is the other 39% who are ‘seekers’ who purchase most of their tobacco from such sources. “Unsurprisingly smokers are most likely to be offered illicit tobacco in a pub/club, but there is evidence of significant availability from street sellers. There are also notable levels of availability in shops and at work. Price is a proven component of tobacco consumption, with lower prices boosting consumption levels. Efforts to reduce the consumption of tobacco such as age restrictions and point-of-sale display bans are being undermined by the sale of cheap tobacco, in particular illicit.

“The enforcement findings show that enforcement agencies have made efforts to tackle the supply of illegal tobacco in Wales but the picture is patchy. A lack of intelligence has hampered enforcement agencies.

“The vast majority of enforcement work in Wales relates to the end supplier. This is important but an enforcement strategy must involve investigating and tackling the chain of supply. A lack of resources has led to and could continue to lead to a limited amount of work being carried out tackling illegal tobacco.

“Little information has been obtained from Welsh police forces but the specialist nature of the legislation regulating the illicit market is such that the police do not take primacy and would refer any intelligence received to either HMRC or Trading Standards. The overall direct impact of enforcement work on the illicit market is low. “Given that [research has concluded that] 15% of tobacco smoked in Wales is cheap illicit tobacco, Trading Standards seizures account for less than 0.5% of the illicit market in Wales.”

Trading standards

A spokesperson for Gwent Police said: “The prosecution for illegal tobacco resides with HMRC or Trading Standards not police.

“In terms of prosecuting such offences we support the local authority teams, from trading standards, on operations that they run.”

A spokesperson for the Welsh Government said: “We’re working with trading standards to support enforcement officers stopping illegal vaping and tobacco products being sold in Wales.

“If the Tobacco and Vapes Bill is passed, it will provide enforcement teams with more tools to deal with those who break the law, including people who sell to children. We will work closely with businesses to ensure the new laws are implemented to protect public health in our communities.”