Record fines for tobacco sale to a minor on the Gold Coast

A Southport retailer has received record fines totalling $8,000 plus costs for failing to ensure that his staff did not sell cigarettes to children.

Acting Health Minister Andrew Fraser said the fines also covered the retailer’s failure to provide the necessary training to staff.

Mr Fraser said the retailer was successfully prosecuted by Queensland Health last week under the Bligh Government’s tough anti-smoking laws.

“This case demonstrates Queensland’s tough stance on smoking is working,” Mr Fraser said.

“Cases like this send out a very clear signal to retailers that the Bligh Government will not tolerate the sale of tobacco to minors.

“This is an important message because of the enormous toll smoking takes on the community.

“Over 3,400 Queenslanders die each year as a result of smoking, with smoking-related hospital admissions costing Queensland taxpayers $217 million a year.

Mr Fraser said Queensland Health successfully prosecuted V&V Australia Pty Ltd, trading as 7-Eleven in Scarborough Street, and its sole director, Sre Ram Kumar Vegulla of Hillcrest, in the Southport Magistrates Court.

Magistrate Dermot Kehoe heard that Mr Vegulla, as executive officer of V&V Australia Pty Ltd, had failed to ensure that the company complied with its obligations under the Tobacco and Other Smoking Products Act 1998.

As company director Mr Vegulla had not provided training to an employee about the measures required by the Act to prevent the sale of cigarettes to minors, such as requesting proof of age.

V&V Australia Pty Ltd was fined $5,000 and incurred $250 in professional costs, whilst Mr Vegulla was fined $3,000 and ordered to pay $250 in costs.

No conviction was recorded.

Magistrate Kehoe took into consideration the new penalty unit rate increase from $75 to $100 per penalty unit, effective from 1 January 2009.

Mr Fraser said retailers and their employees had an obligation to prevent tobacco sales to children aged under 18.

“Smoking rates of young school students aged 12 to 17 are far too high at 14 per cent, which equates to approximately 38,800 young people,” he said.

“The earlier young people start smoking and the more they smoke over their lifetime, the more likely they are to suffer from smoking-related disease.

“That’s why the Bligh Government will continue to target retailers that illegally sell tobacco products to young Queenslanders.

Under the Tobacco and Other Smoking Products Act 1998, retailers face a maximum penalty of $42,000 for offences involving sales to minors.

Smoking is the largest contributor to preventable death in Australia and is known to increase the risk of lung cancer, cardiovascular disease, chronic obstructive pulmonary disease and many other illnesses.

Mr Fraser said Queensland was leading the way in providing the best smoke-free environment in the country.

“Restaurants, sporting stadiums, patrolled beaches and pubs and clubs are all smoke-free environments under our tough smoking laws,” he said.

“We’re also committed to banning smoking in cars carrying children and giving councils the power to regulate smoking at shopping malls and bus stops.

“This is part of our Q2 vision to cut smoking rates by one third and make Queenslanders Australia’s healthiest people.

Queensland Health’s Tobacco Control Investigation Team undertakes routine surveillance of tobacco retail outlets and follows up all complaints received from the public.

Any information on tobacco products being sold or given to children can be reported to the Tobacco Hotline 1800 005 998, 8.00am to 6.00pm daily.

Media Contact:
Treasurer's Office - 3224 5982
Health Minister's Office - 3234 1190