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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 May 2013 to October 2013.

Sonali Supermarket
Pleaded guilty at Birmingham Magistrates Court on 23 May 2013 to 12 offences relating to the sale of cosmetics and Sikor at Sonali Supermarket, 537 Coventry Road, Small Heath. Three offences relate to supplying a dangerous product, namely Sikor (purified soil), and nine of possessing for supply cosmetics which failed to comply with labelling requirements. The packaging for the products failed to display the name and address of the manufacturer, an indication of minimum durability and a batch number.
Sentence £7,500 [£1,000 x 3 General Product (Safety) Regs offences and £500 x 9 Consumer Protection offences]
Prosecution Costs £1,064 [£1,064 requested]
General Product (Safety) Regulations 2005 & Consumer Protection Act 1987

Sultan Mahmood trading as Al Iman Booksellers
Pleaded guilty at Birmingham Magistrates Court on 23 May 2013 to 14 offences relating to the sale of cosmetics and electrical equipment at Al Iman Booksellers, 61 Alum Rock Road. Two offences relate to eyeliners which were found to contain lead and 1 offence relates to an electronic wall display which did not have instructions or CE marks. 11 offences relate to the possession for supply of cosmetics and perfume which failed to comply with the labelling requirements. The packaging for the products failed to display the name and address of the manufacturer, an indication of minimum durability, a batch number and a list of ingredients.
Sentence £1,500 [£1,000 – Electrical equipment offence and £500 cosmetic offences]
Prosecution Costs £1,235 [£1,235 requested]
Electrical Equipment (Safety) Regulations 1994 & Consumer Protection Act 1987

SP Verma Limited
Pleaded guilty at Birmingham Magistrates Court on 24 June 2013 to 14 offences of offering for supply unhallmarked jewellery comprising of rings, bangles, necklaces and earrings. One offence of providing false information in relation to the main composition of a ring that was described as “22 carat gold” when in fact the product didn’t contain at least 91.6% gold to be described as “22 carat gold”.
Sentence £7,500
Prosecution Costs £2,301 [£2,301 requested]
Hallmarking Act 1973 & Consumer Protection from Unfair Trading Regulations 2008

Hussein Kazami
Pleaded guilty at Birmingham Magistrates Court on 28 June 2013 to four offences. Three offences of supplying, via an Ebay account, a Childs car seat, a Baby Walker Rocker Activity 2 in 1 music toy and a Babyland baby rocker bouncer rocking chair to a Trading Standards Officer that failed to comply with safety regulations. One offence relating to having in his possession 220 baby walkers which failed to comply with safety regulations.
Sentence 12 month community order with 150 hours unpaid work
Prosecution Costs £2,000 [£3,340 requested]
General Product (Safety) Regulations 2005 & European Communities Act 1972

Harry Charles Morrall
Pleaded guilty at Birmingham Magistrates Court on 4 July 2013 to 15 offences of having in his possession, custody or control, goods which bore signs identical to or likely to be mistaken for a registered trade mark at a market stall on the corner of Vicarage Road and High Street. The goods included counterfeit Pauls Boutique hooded tops, Adidas trainers, T-Shirt, tracksuit and hooded top Pandora Bracelets, a J Barbour & Sons and Superdry Jackets, a Ralph Lauren and Lacoste sweaters and Henry Lloyd socks.
Sentence 12 weeks custody suspended for 12 months. 12 months supervision & 200 hours unpaid work.
Prosecution Costs £1,500 [£3,161 requested]
Trade Marks Act 1994
Mr Morral was also sentenced for offences he pleaded guilty to at Cheltenham Magistrates Court.
A Forfeiture order in respect of all items seized was granted.

Mahesh Gogna trading as Nanakson & Sons
Pleaded guilty at Birmingham Magistrates Court on 1 August 2013 to 11 offences.; eight of offering to supply unhallmarked jewellery, namely silver bangles/bracelets and gold necklaces/earrings from Nanakson & Sons, 241 Witton Road, and three offences of providing false information by describing jewellery as “22 carat gold” when in fact the products did not contain at least 91.6% gold.
Sentence £550 [£50 x 8 Hallmarking offences £50 x 3 Consumer Protection offences)
Prosecution Costs £500 [£2,090 requested]
Hallmarking Act 1973 & Consumer Protection from Unfair Trading Regulations 2008

Alan Brown trading as AGB Electrical Contractor
Pleaded guilty at Birmingham Magistrates Court on 9 August 2013 to one offence of representing, by means of a Domestic Electrical Installation Periodic Inspection Report, to be ELECSA registered without having obtained the necessary authorisation.
Sentence £50
Prosecution Costs £50 [£655 requested]
Consumer Protection from Unfair Trading Regulations 2008 & European Communities Act 1972

Tesco Stores Limited
Pleaded guilty at Birmingham Crown Court on 19 August 2013 to four offences; two relating to the display of strawberries between 7 May 2011 and 19 June 2011 marked as “half price £1.99” with the previous prices of "£2.99" and "£3.99" crossed out which was misleading as the previous price of £2.99 had only been charged between 30 April 2011 and 8 May 2011 and the price of £3.99 had only been charged between 23 April 2011 and 1 May 2011 which was likely to deceive the average consumer as to the price or the manner in which the price had been calculated that this was a genuine half price sale and two offences relating to between 25 June 2011 and 21 August 2011 whereby the strawberries were similarly priced as above however between 18 June 2011 and 26 June 2011 the previous price had been £1.99 which included a free carton of single cream . These misleading prices applied to stores in Birmingham in addition to England and Wales.
Sentence £300,000 [£150,000 x 2]
Prosecution Costs £65,587 [£65,587 requested]
Consumer Protection from Unfair Trading Regulations 2008

Goldens International Ltd
Pleaded guilty at Birmingham Magistrates Court on 23rd August 2013 to six offences of possessing cosmetic products for supply at Goldens, 870 Stratford Road, Sparkhill. Three relating to jars of Stillmans bleach cream and freckle cream which were found to contain mercury and bottles of Kala Kola hair tonic which were found to contain lead. Three offences of failing to comply with labelling requirements, the packaging failed to display details of the manufacturer, a list of
ingredients and the minimum durability.
Penalty total £8,400 (£1,800 x 3 & £1,000 x 3)
Prosecution costs £948 (£948 requested)
Consumer Protection Act 1987

Travel Unique Ltd
Pleaded guilty at Birmingham Magistrates Court on 23rd August 2013 to five offences; two of failing to provide details to the consumer before the contract was concluded of arrangements for repatriation in the event of insolvency and of an
insurance policy and three offences relating to the use of the “IATA” and “ATOL” logos on “Hajj 2012” leaflets without being authorised to do so
Penalty total £4,000 (£500 x 2 & £1,000 x 3)
Prosecution costs £2,250 (£2,250 requested)
Package Travel, Package Holiday and Package Tours Regulations 1992, Consumer Protection from Unfair Trading Regulations 2008
& the European Communities Act 1972

Matthew John Walker
T/A MW Roofline
Pleaded guilty at Birmingham Magistrates Court on 29th August 2013 to four offences; of using the “Federation of Master Builders”, “British Standards Institute” and “Office of Fair Trading” logos without being authorised to do so
Penalty total £960 (£240 x 4)
Prosecution costs £1,279 (£1,279 requested)
Consumer Protection from Unfair Trading Regulations 2008

Arfan Saddiq
Pleaded guilty at Birmingham Magistrates Court on 12 September 2013 to 10 offences relating to the possession of goods, namely clothing, footwear and accessories, for the purpose of supply at Ace Designwear, 218B Heathfield Road, Lozells, Birmingham, which bore registered trade marks, namely Ralph Lauren, Adidas, Nike, GG, Louis Vuitton, Lacoste, Henleys, G-Star and D&G,without the consent of the trade mark holders.
Sentence 12 months community service with 100 hours unpaid work
Prosecution Costs £100 [£2,116 requested]
Trade Marks Act 1994

Mohammed Siraj
Pleaded guilty at Birmingham Magistrates Court on 20 September 2013 to one offence of being a Halal Butcher trading as Supreme Halal Meat at 745 Stratford Road, Sparkhill, Birmingham and displaying a licence falsely representing that the premises were licensed by the Halal Food Authority in respect of the production and distribution of fresh halal lamb and mutton.
Sentence £600
Prosecution Costs £1,292 [ £1,292 requested]
Consumer Protection from Unfair Trading Regulations 2008 & European Communities Act 1972

Jafeer Hussain
Afro Hair & Beauty World Ltd
BQC (Kings Heath) Limited

Case heard at Birmingham Magistrates Court on 23 October 2013.
Jafeer Hussain pleaded guilty to 24 offences: 12 of possessing for supply cosmetic products at Beauty Queens Cosmetics, 399 Dudley Road, Birmingham which failed to comply with labelling requirements, 7 relating to cosmetics which were found to contain hydroquinone, three of possessing unsafe electrical equipment and two relating to products which contained prescription only products

Hussain pleaded guilty to a further16 offences: four of possessing for supply cosmetic products at Beauty Queens Cosmetics, 302-304 Coventry Road, Small Heath & 30 Alcester Road South, Kings Heath which failed to comply with labelling requirements, three relating to cosmetics which were found to contain hydroquinone, two of possessing unsafe electrical equipment, one relating to an electrical product which was not fitted with an approved standard plug and six relating to products which contained prescription only products.

Afro Hair & Beauty World Limited pleaded guilty to nine similar matters relating to products found at 302-304 Coventry Road.

BQC (Kings Heath) Ltd pleaded guilty to five similar offences relating to products found at 30 Alcester Road South.

Sentences – Jafeer Hussain 6 months imprisonment; Afro Hair and Beauty World Limited £10,000; BQC [Kings Heath] Limited £5,000. Forfeiture order granted for all goods seized.
Prosecution Costs £7,370 [£7,370 requested]
Consumer Protection from Unfair Trading Regulations 2008 Electrical Equipment (Safety) Regulations 1994 Plugs & Sockets etc (Safety) Regulations 1994 Cosmetic Product (Safety) Regulations 2008 & Consumer Protection Act 1987