Tobacco sales stubbed

COCKATOO’S General Store has been banned from selling tobacco products for three months from 27 March after staff were caught illegally selling cigarettes to a person aged under 18.
The decision was handed down at the Dandenong Magistrates’ Court on 27 February, where the store’s owner was convicted, fined $800 and ordered to pay Cardinia Shire Council’s court costs.
The store has been caught selling cigarettes to minors on three separate occasions since 2003.
During a test purchase program conducted by the council in April 2013, store employees were caught the third time, leaving the council with no option but to pursue the matter.
Although the owner had left the day-to-day running of the store to a staff member at the time of the offence, she is still liable as business operators and managers are responsible for sales made by their employees.
The owner was unable to demonstrate that sufficient measures had been taken to prevent the sale, having no written records of compulsory bi-annual staff training having taken place.
The council monitors tobacco retailers with an ongoing test purchase program to ensure they comply with laws not to sell tobacco products to minors.
Retailers found to be breaking the law risk an on-the-spot fine of $577 and if found guilty in a magistrates’ court may face a ban on selling tobacco or a large fine.
The penalty is higher if the retailer is a corporation.
Residents concerned about retailers selling tobacco to people under 18 can contact the council’s Customer Service team on 1300 787 624 or the Tobacco Information Line on 1300 136 775.