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Completed Trading Standards prosecutions

Derbyshire Trading Standards Service prosecutions.


April 2022 to September 2022

Sheep farmer from High Peak area.

Hearing on 23 to 27 May 2022

Legislation: Animal By-Products (Enforcement)(England) Regulations 2013

Description: Failure to collect, dispose and prevent access by wild animals to the bodies and remains of farmed animals.

Result: Guilty x 2

Fine: £1,000

Compensation: n/a

Costs: n/a

Proceeds of Crime Act: n/a

April 2021 to September 2021

Company Director from Bolsover

Hearing on 14 June 2021.

Legislation: Consumer Protection from Unfair Trading Regulations 2008 x 5.

Description: He was the sole Director of a Derbyshire based window, door and conservatory company that took advance payments from customers for goods and/or building work and then failed to provide the products, service or a refund.

Result: Guilty x 5.

Fine: No separate fine.

Compensation: Total awarded to 5 victims £12,679.

Costs: £3000.

Proceeds of Crime Act: £0.

October 2020 to March 2021

eBay seller of counterfeit trainers and perfume

Hearing on 1 March 2021.

Legislation: Trade Marks Act 1994.

Description: He knowingly carried out a Derbyshire business that sold and was offering for sale counterfeit Nike trainers and Chanel and Christian Dior perfumes.

Result: Sentenced to 6 months in prison for each of the offences, to run concurrently and suspended for 2 years, 200 hours of unpaid work and ordered to carry out 10 days of rehabilitation activity.

Fine: £0.

Compensation: £0.

Costs: £2,879.

Proceeds of Crime Act: Forfeiture of £1,300. Further settlement ongoing.

Farmer from Ashbourne

Hearing on 2 March 2021.

Legislation: Cattle Identification Regulations 2007 and Animal By-Products (Enforcement)(England) Regulations 2013.

Description:

  • incorrectly identifying a bull
  • failing to tag calves before registering them
  • failing to dispose of animal by-products without undue delay (sheep)

Result: Guilty plea - 6 month prison sentence suspended for 2 years.

Fine: £0

Compensation: £0

Costs: £9,467

Proceeds of Crime Act: Not applicable.

April 2020 to September 2020

Ebay seller of war medals

Hearing on 9 June 2020 at Derby Crown Court.

Legislation: Companies Act 2006 Section 993.

Description: He knowingly carried out a Derbyshire business for fraudulent purposes, namely by manufacturing, offering for sale and selling replica medals, replica medal bars and replica military badges, in each case whilst representing that the items were genuine and without describing them as replicas or copies.

Result: 24 months imprisonment suspended for 18 months - 100 hours unpaid work, 6-month curfew, 5 years disqualification from being a director.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: POCA Order made on 4 November 2020 - benefit figure: £97,980.93, available amount: £2,236.79. Order made in the sum of £2,236.79, 3 months to pay.

Ebay seller of war medals

Hearing on 9 June 2020 at Derby Crown Court.

Legislation: Trade Marks Act 1994 Section 92(1)(b).

Description: He sold goods, namely a pin badge bearing the sign of a poppy likely to be mistaken for the Royal British Legion.

Result: 8 months imprisonment suspended for 18 months - 100 hours unpaid work, 6-month curfew, 5 years disqualification from being a director.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: POCA Order made on 4 November 2020 - benefit figure: £97,980.93, available amount: £2,236.79. Order made in the sum of £2,236.79, 3 months to pay.

Ebay seller of war medals

Hearing on 9 June 2020 at Derby Crown Court.

Legislation: Trade Marks Act 1994 Section 92(1)(c).

Description: He had in his possession said pin badge bearing the sign of a poppy likely to be mistaken for the Royal British Legion.

Result: 8 months imprisonment suspended for 18-months - 100 hours unpaid work, 6-month curfew, 5 years disqualification from being a director.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: POCA Order made on 4 November 2020 - benefit figure: £97,980.93, available amount: £2,236.79. Order made in the sum of £2,236.79, 3 months to pay.

October 2019 to March 2020

Keeper of sheep High Peak

Hearing on 16 September 2019 at Northern Derbyshire Magistrates' Court

Legislation: Animal Welfare Act 2006

Description: Possession proceedings brought regarding farmer's failure to meet the needs of sheep re welfare, diet, shearing. Proceedings withdrawn following voluntary surrender of sheep.

Result: Voluntary surrender of 48 sheep.

Fine: Not applicable.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: Not applicable.

Partner in Belper farming business

Hearing on 17 October 2019 at Southern Derbyshire Magistrates' Court.

Legislation: Animal By‐Products Regulation 2013 (reg19) x1; Animal Welfare Act 2006 (section 9(1)) x 2.

Description:

  • animal by‐products: failing to properly dispose of cattle and sheep carcasses found at the farm
  • animal welfare: tethering 2 cows on chains so short they could not exhibit normal behaviour and not protecting a cow laid in a field from pain and suffering before it died

Result: Guilty x 3, 8-month prison sentence suspended for 24 months.

Fine: Not applicable.

Compensation: £0.

Costs: £3,716.75.

Proceeds of Crime Act: Not applicable.

Partner in Belper farming business

Hearing on 17 October 2019 at Southern Derbyshire Magistrates' Court.

Legislation: Animal By‐ Products Regulation 2013 (reg19) x3; Animal Welfare Act 2006 (section 9(1)) x 2.

Description:

  • animal by‐products: failing to properly dispose of cattle and sheep carcasses found at the farm
  • animal welfare: tethering 2 cows on chains so short they could not exhibit normal behaviour and not protecting a cow laid in a field from pain and suffering before it died

Result: Guilty x 5, 8-month prison sentence suspended for 24 months.

Fine: Not applicable.

Compensation: £0.

Costs: £3,716.75.

Proceeds of Crime Act: Not applicable.

Sole trader from Chesterfield

Hearing on 28 October 2019 at Derby Crown Court.

Legislation: Trade Marks Act 1994 92(1)(b) x 3.

Description: Possession with a view to supply counterfeit cigarettes and tobacco. 42,420 illegal cigarettes and 35.5kg of hand rolling tobacco forfeited for destruction. Proceeds of crime (POCA) confiscation ordered of £18,922.23.

Result: 12-month community order and 2-month curfew.

Fine: Not applicable.

Compensation: £0.

Costs: £4,071.90.

Proceeds of Crime Act: £18,922.23.

April to September 2019

Shop owner from Sawley

Hearing on 23 May 2019 at Southern Derbyshire Magistrates' Court.

Legislation: Licensing Act 2003 S146 x 1.

Description: Sold alcohol, 4 cans of Kronenbourg premium beer to a person under the age of 18.

Result: 12-month conditional discharge.

Fine: £0.

Compensation: £0.

Costs: £85.

Proceeds of Crime Act: £0.

Director of kitchen company, Nottingham

Hearing on 24 May 2019 at Derby Crown Court.

Legislation: Consumer Protection from Unfair Trading Regs 2008 x 6.

Description: Demand full payment in advance despite company's own terms of trading allowing retention of some payment pending completion.

Result: 5 x not guilty, 1 x guilty. Sentence - 3 months suspended for 12 months, 100 hours unpaid work.

Fine: £1,000.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: £0.

Limited company from Langley Mill kitchen company

Hearing on 6 June 2019 at Derby Crown Court.

Legislation: Consumer Protection from Unfair Trading Regs 2008 x 6.

Description: Demand full payment in advance despite company's own terms of trading allowing retention of some payment pending completion.

Result: Not guilty x 5. Guilty x 1 - fined.

Fine: £15,000.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: £0.

Company director from Ashbourne

Hearing on 15 August 2019 at Derby Crown Court.

Legislation: Trade Marks Act 1994 x 2; Companies Act 2006 x 1.

Description: Sold poppy badges that infringed trade mark of Royal British Legion. Party to a fraudulent business which made and sold copies of gallantry medal without informing buyers that they were replicas.

Result: Offered no evidence on basis of medical report. Not guilty x 3.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: £0.

Heating engineer from Alfreton

Hearing on 22 August 2019 at Derby Crown Court.

Legislation: Consumer Protection from Unfair Trading Regs 2008 x 5.

Description: False claim to be HETAS certified.

Result: Guilty x 4.1 x withdrawn. Sentence - 6 months suspended for 2 years, 75 hours unpaid work.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: £1.

Farmer from High Peak

Hearing on at 16 September 2019 at Northern Derbyshire Magistrates' Court.

Legislation: Animal Welfare Act 2006 S18(5).

Description: Possession proceedings re flock of 50 sheep whose welfare needs were not being met.

Result: Possession proceedings for flock of 50 sheep. Agreement reached 48 sheep signed over, 2 returned to farmer.

Fine: £0.

Compensation: £0.

Costs: £0.

Proceeds of Crime Act: £0.

October 2018 to March 2019

Shop worker from Derby

Hearing on 11 October 2018 at Southern Derbyshire Magistrates' Court.

Legislation: Trade Marks Act 1994 x 9 offences.

Description: Sale and possession for sale of counterfeit cigarettes.

Result: 12-month Community Order with a requirement to undertake 150 hours of unpaid work

Fine: £0.

Costs: £690.

Shop worker from Derby

Hearing on 11 October 2018 at Southern Derbyshire Magistrates' Court.

Legislation: Trade Marks Act 1994 x 5 offences.

Description: Sale and possession for sale of counterfeit cigarettes.

Result: 12-month Community Order with a requirement to undertake 80 hours of unpaid work

Fine: £0.

Costs: £690.

Farmer/butcher from Ashbourne

Hearing on 7 January 2019 at Northern Derbyshire Magistrates' Court.

Legislation: Animal By‐ Products Regulation 2013 x 3. Cattle Identification Regulations 2007 x 5. Section 73 of the Animal Health Act 1981 x 1.

Description:

  • animal by‐products ‐failed to collect, store and dispose of cattle and sheep remains in accordance with regulations, failed to comply with notice served by trading standards
  • cattle identification ‐ failed to identify/tag calves and failed to maintain cattle herd register
  • Animal Health Act ‐ failed to maintain sheep flock register

Result: 9 offences. Fine imposed.

Fine: £9,000.

Costs: £2,290.

Company director from Ashby de la Zouch, Leicestershire

Hearing on 19 February 2019 at Derby Crown Court.

Legislation: Companies Act 2006 x 1.

Description: Carrying on a Dyson servicing business for a fraudulent purpose x 1 ‐ offering discounted service for £14.99 when that was the normal price. Consumer Protection from Unfair Trading Regs 2008 x 12. Failing to provide repair, spare parts or refunds to consumers who had paid advance for Dyson repairs.

Result: Custodial sentence 8 months imprisonment' suspended for 18 months plus 180 hours unpaid work. Disqualified as a director for 9 years.

Fine: £0

Costs: £3,500.

Company director from Ashby de la Zouch, Leicestershire

Hearing on 22 February 2019 at Derby Crown Court.

Legislation: Companies Act 2006 x1. Consumer Protection from Unfair Trading Regs 2008 x12.

Description: Carrying on a Dyson servicing business for a fraudulent purpose x 1 ‐ offering discounted service for £14.99 when that was the normal price.

Result: 13 offences. Custodial sentence 30 months imprisonment imposed in absence. Disqualified as a director for 9 years.

Fine: £0

Costs: £0.

Company director from Castle Donnington, Leicestershire

Hearing on 22 February 2019 at Derby Crown Court.

Legislation: Companies Act 2006 x 1. Fraud Act 2006 x 9. Consumer Protection from Unfair Trading Regs 2008 x 2.

Description: Carrying on a Dyson servicing business for a fraudulent purpose x 1 ‐ offering discounted service for £14.99 when that was the normal price. Fraud Act 2006 x 9 ‐ charges relate to fraudulent payments taken by means of a hand‐ held card reading device. Took payment twice and diverted second payment to own bank account. Consumer Protection from Unfair Trading Regs 2008 x 2. Took consumers' Dyson vacuum cleaners away for repair. Consumers paid for repair in advance but never got their cleaners back.

Result: 12 offences. Custodial Sentence 21 months imprisonment. Disqualified as a director for 7 years.

Fine: £0

Costs: £0.