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Date: 27 January 2012
Court: Guildford Crown Court
Offence: On 6 December 2011 at Staines Magistrates Court, a trader entered a guilty plea to two offences under Trade Marks Act 1994 (possession of counterfeit goods) and two offences under the Food Safety Act 1990 (placing unsafe food on the market). On 2 September 2010, following a routine inspection at the convenience store, 14 counterfeit 35cl bottles of Glens Vodka were found displayed on the shelves. Tests carried out by the public analyst revealed that the samples were not the genuine Glens Vodka product but it contained 235 times the permitted limit of methanol rendering the product unsafe. The trader was fined £13,000 for placing unsafe food on the market, £3,000 for the three remaining offences, £2,073.25 costs and forfeiture of the goods for destruction. On 27 January 2012 the trader appealed against sentence which was partially successful.
Penalty: Fine reduced to £7,000 for the unsafe food offence and the three remaining penalties were £1,000 each. Granted £250 towards costs.
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Date: 26 January 2012
Court: Guildford Crown Court
Offence: On 5 August 2011 a trader from Borehamwood, Hertfordshire appeared at Guildford Crown Court for sentence having pleaded guilty at an earlier hearing to offences of selling counterfeit and unhallmarked jewellery and money laundering. In sentencing the Judge commented that it was a large scale operation and that the trader must go to prison.
Penalty: 6 months custodial sentence for the counterfeiting and hallmarking offences and a concurrent 16 month custodial sentence for the money laundering offence. The court made a confiscation order in the sum of £440,770 with available assets of £19,439.32. He was given 6 months to pay with 12 months imprisonment in default.
Date: 16 January 2012
Court: Guildford Magistrates Court
Offence: Retailer pleaded guilty to selling alcohol to a person under the age of 18 years; contrary to the Licensing Act 2003.
Penalty: 12 month conditional discharge Costs: £597.50
Date: 13 January 2012
Court: Redhill Magistrates Court
Offence: Trader failed to provide a written notice of cancellation rights to a local home owner; contrary to Cancellation of Contracts made in a Consumers Home or Place of Work etc Regulations 2008.
Penalty: 12 month conditional discharge Costs: £600
Date: 13 January 2012
Court: Redhill Magistrates Court
Offence: Retailer pleaded guilty to selling alcohol to a person under the age of 18 years; contrary to the Licensing Act 2003.
Penalty: Fined: £125 Costs: £646
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Date: 15 December 2011
Court: Guildford Crown Court
Offence: A builder was sentenced in respect of four offences relating to poor quality and over-priced roofing work under the Consumer Protection from Unfair Trading Regulations 2008 which he had entered a guilty plea to.
Penalty: 150 hours unpaid work. Costs £5,000 and compensation costs of £3,160. £1,500 was ordered to be paid by 4:00pm on 16 December 2011 and a further £1,660 before 27 January 2012.
Date: 1 December 2011
Court: Guildford Crown Court
Offence: On 27 April 2011 a trader pleaded guilty to 16 offences for selling/exposing for sale and having in possession for sale a range of counterfeit goods at Kempton Market in April and May 2009 thereby contravening the Trade Marks Act 1994. These offences were committed to Guildford Crown Court for the court to consider confiscation under the Proceeds of Crime Act 2002. The Court heard that the trader had benefited by £191,831 through his dealings with counterfeit goods.
Penalty: Community Order of 100 hours unpaid work and confiscation order in the sum of £37,651 which if unpaid within 6 months, will face 14 months imprisonment.
Date: 13 October 2011
Court: Guildford Crown Court
Offence: A market trader pleaded not guilty in relation to three offences of selling counterfeit goods at Kempton Park market under the Trade Marks Act 1994. A 1 day trial commenced at Staines Magistrates Court on the 1 July 2011 the Magistrates convicted the trader on all three counts. The trader was then committed to Guildford Crown Court for sentencing and confiscation in accordance with section 70 of the Proceeds of Crime Act 2002.
Penalty: Sentenced to 150 hours unpaid work. Costs: £500. Forfeiture of the counterfeit goods was also ordered. Confiscation order was made in the sum of £128,000 as the benefit from selling counterfeit goods with £5,364 as the recoverable amount. Payment is to be made within 6 months and a period of imprisonment in default was set at 3 months.
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Date: 11 October 2011
Court: Guildford Crown Court
Offence: Trader pleaded not guilty to 9 offences relating to a misdescribed motor engine. A jury heard evidence between 5-9 September 2011 and they found the trader guilty of 2 fraud charges under the Fraud Act 2006 that related to the descriptions contained in the website advertisement and on the invoice. A not guilty verdict was returned in respect of the 7 charges under Consumer Protection from Unfair Trading Regulations 2008. The trader appeared at Guildford Crown Court on 11 October 2011 for sentencing.
Penalty: 12 months imprisonment for each of the 2 fraud offences to run concurrently Costs £5,000 Compensation £2,000
Date: 3 October 2011
Court: Guildford Magistrates Court
Offence: Trader pleaded guilty to 4 offences under the Consumer Protection from Unfair Trading Regulations 2008 for claiming that he had been approved by Dulux Select Decorators and the Painting and Decorating Association when this was not the case.
Penalty: Fined: £600 for each offence totalling £2,400 Costs: £2,500
Date: 3 October 2011
Court: Kingston Crown Court
Offence: Trader entered a guilty plea to 7 fraudulent trading activities relating to the cold calling of elderly consumers in Surrey. In addition there was a guilty plea for the production of cannabis. In October 2010, Surrey Trading Standards with the assistance of the Metropolitan Police, who were also receiving complaints, executed an entry warrant under the Consumer Protection from Unfair Trading Regulations 2008 at the home address of the trader. An inspection of the premises revealed letters and correspondence from Surrey Trading Standards concerning the trader's cold calling activities. This was a protracted and complicated investigation and is a great example of partnership working with the Metropolitan Police.
Penalty: Sentenced to 18 months imprisonment for the frauds and 6 months for the production of cannabis (to run concurrently)
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Date: 21 September 2011
Court: Staines Magistrates Court
Offence: An internet retailer of a wide variety of goods entered a guilty plea to 4 of the charges laid against them in respect of the supply of unsafe electrical appliances. The remaining charges, which related to a failure to maintain technical files, were withdrawn.
Penalty: Fined: £2,400 on each of the four charges Costs: £14,340.75 Total cost to the company is £23,955.75.
Date: 20 September 2011
Court: Aldershot Magistrates Court
Offence: Trader pleaded guilty to a summons in relation to an offence under the Consumer Protection From Unfair Trading Regulations 2008 for claiming that he had been approved by the NICEIC when this was not the case. The trader carried out a range of plumbing and electrical works at the property of a consumer causing £1,600 worth of damage.
Penalty: Fined: £230 Costs: £750 Compensation: £1,600
Date: 20 July 2011
Court: Staines Magistrates Court
Offence: A market trader pleaded guilty to seven offences under the Trade Marks Act 1994, two offences under the Cosmetic Products (Safety) Regulations 2008 and one offence under the Consumer Protection from Unfair Trading Regulations 2008 for possession of a large number of cosmetics bearing established brand names. Most of the items seized were confirmed as being counterfeit.
Penalty: Sentenced to 12 weeks imprisonment suspended for 24 months on each of the 10 charges to run concurrently and a prohibited activity requirement which prohibits attendance at any market in Surrey for two years. Costs: £2,000
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Date: 16 June 2011
Offence: An improvement notice has been served on a garage in south east Surrey which failed to comply with the requirements of The Petroleum (Regulation) Acts 1928 and 1936 and The Dangerous Substances and Explosive Atmospheres Regulations 2002.
Penalty: Improvement notice issued
Date: 8 June 2011
Court: Staines Magistrates Court
Offence: Two traders each pleaded guilty to an offence under Cancellation of Contracts made in a Consumers’ Home or Place of Work etc Regulations 2008 for failing to provide a consumer with an appropriate cancellation notice.
Penalty: Fined: £1,000 each Costs: £500 each Compensation: £100 each
Date: 10 May 2011
Court: Guildford Crown Court
Offence: An energy supplier and sales representative appeared for trial in relation to seven counts under the Consumer Protection from Unfair Trading Practices Regulations 2008 in relation to cold calling a consumer in Guildford in an attempt to change his current energy supplier.
Penalty: Sales representative was found not guilty and the Energy company was found guilty on 2 counts of being engaged in a misleading commercial practice. The conviction has been appealed and the matter will return to the courts towards the end of 2011/beginning of 2012.
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http://www.surreycc.gov.uk/?a=181177