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Community Order for shop owner guilty of selling unsafe toys and electrical items (4 May 2017)

Date: 04/05/2017
Duncan Lewis, Personal Injury Solicitors, Community Order for shop owner guilty of selling unsafe toys and electrical items

Derby City Council has prosecuted a Derbyshire businessman, after he was found guilty of selling unsafe toys and electrical items – as well as toys not believed to be genuine products.

Bahar Khan Shalmani and Poundvalley Limited – of which Shalmani is the sole director – were investigated after Derby City Council’s Trading Standards team received a complaint from a consumer in December 2015. The complainant said that a shop at the top of Normanton Road at the Southgate Retail Park appeared to be selling toys which they believed were not genuine.

A visit was made to the store Discount Outlet on 24 December 2015 – and a test purchase was made of what was described as a “Disney Frozen Doll”.

On 11 January 2016, the Fire Service attended an incident at a house in Derby as a result of an extension lead being used for the first time, which started to smoke. The extension lead had been purchased from Discount Outlet and did not conform to the British standard.

On a further visit to Discount Outlet on 19 January 2016, no extension leads were found on sale – but a number of test purchases were made involving a child’s cycle helmet and a SWAT force shooting game.

Test reports showed that the SWAT force game did not comply with the British Standard, along with a child’s cycle helmet – which had insufficient shock absorbing capacity and retention system.

The test on the extension lead showed it had overheated due to a screw connection, which was not permitted by the British Standard.

A further 600 items – mainly toys – were seized by Derbyshire Trading Standards from Poundvalley in Long Eaton, as part of the investigation.

At the sentencing hearing at Derby Magistrates’ Court, Shalmani and Poundvalley Limited (of which he is the sole director) were sentenced for offences under the Electrical Equipment (Safety) Regulations 1994 (one offence – extension lead); The Toys (Safety) Regulations 2011 (one offence – SWAT Force shooting game); and the Personal Protective Equipment Regulations 2002 (one offence – child’s cycle helmet).

Shalmani was handed a Community Order to run for 12 months, involving 100 hours of unpaid work.

The court also made an order for forfeiture and destruction in respect of the items seized by Trading Standards Officers.

After sentencing, Cabinet Member for Neighbourhoods and Public Protection, Councillor Asaf Afzal, said:

“It is important that we continue to take action against businesses which fail to comply with Trading Standards’ legislation.

“We will not tolerate illegal and potentially dangerous items being sold in Derby.”


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