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Community order and curfew for trader selling unsafe goods

Published: 8 November 2022

An Ilkeston shopkeeper has been given a community order and had a curfew imposed by magistrates after admitting selling unsafe goods at his premises including toys, hair straighteners and cosmetics.

Phillip Rose, 68, of Highfield Drive, Ilkeston, appeared at Southern Derbyshire Magistrates Court on Monday (7 Nov 2022) and admitted 4 charges of selling unsafe goods at his shop, the Catalogue Clearance Company, at Armstrong’s Mill in the town.

The prosecution was successfully brought by our trading standards team, after officers visited Rose’s shop in April last year following information that he was selling unsafe products.

During the visit officers seized a total of 753 items including toys, household electrical products (including hair straighteners, power tools and robot vacuum cleaners) and cosmetics.

Examples of the goods were sent for testing and examination with 5 products found to be unsafe and posing a risk of electric shock.

The court heard that Rose had failed to put in place any steps to check the products he was selling.

Rose, who the court heard has ceased trading, received a 4-month community order and curfew to be monitored by tag.

Magistrates also ordered Rose to pay our prosecution costs in full amounting to £10,350, and a £95 victim surcharge.

As a result of the trading standards investigation 743 of the seized items were the subject of forfeiture and destruction.

The 4 charges Rose admitted are as follows:

As a distributor:

  • making available 312 items of electrical equipment that failed to conform to safety standards contrary to the Electrical Equipment (Safety) Regulations 2016
  • making available 62 toys which failed to comply with required safety standards contrary to the Toys (Safety) Regulations 2011
  • making available 43 jars of Estee Lauder cream which failed to comply with required safety standards contrary to the Cosmetic Product Enforcement Regulations 2013 and Regulations (EC) No 1223/2009
  • making available 80 miscellaneous consumer products which did not conform to required safety standards contrary to the General Product Safety Regulations 2005

Magistrates commented that as an experienced market trader Rose should have gained more of an understanding in respect of his trading environment.

Our Cabinet Member for Health and Communities Councillor Carol Hart said:

“Selling unsafe and unregulated goods will not be tolerated in Derbyshire and our trading standards officers will always act when informed of traders who are thought to be selling goods which could affect public safety.

“It’s extremely serious as unsafe products can cause untold damage to people and property, and it’s also unfair on our residents who are parting with their money for products that are not what they seem and to legitimate traders who are working hard to make a living and following the rules.”