Shop tobacco ban sought

The Health Ministry is seeking the first store ban on cigarette sales.

Carterton dairy owner Ishmar Dayha is facing his second charge in less than seven months of selling cigarettes to a minor.

He initially indicated in Masterton District Court this week that he would admit to the latest offence, but changed his plea to not guilty when he realised that a three-month ban on tobacco sales was being sought.

The ministry, which has brought the prosecution after a sting operation on September 22 last year, said it had the ability under the Smokefree Environments Act to ask for a temporary suspension. Chief adviser of Public Health Ashley Bloomfield, the national director of tobacco control, said though the ministry regularly prosecuted retailers for selling tobacco products to under 18-year-olds, a ban had not been sought till now.

The length of the ban, with a maximum of three months, is at the discretion of a judge and can be against the retail outlet or against the person convicted of the offence.

"The seller had just the previous day pleaded guilty to and been fined for selling cigarettes to an under 18-year-old earlier in the year.

"During 2007 there were also three complaints made to Wairarapa Public Health regarding sales of cigarettes to under 18-year-olds," Dr Bloomfield said.

A Public Health technical officer had visited the dairy in May last year to explain the legislation before the second controlled-sales operation.

A 14-year-old boy, dressed in mufti, was sent into 15 shops in Wairarapa on September 22, and at two was sold cigarettes without being asked for proof of age.

Retailers are required by law to ask proof of age when selling tobacco to young people. The ministry alleges that at the time of the sale the dairy owner said to the boy: "Don't get into trouble."

Mr Dahya is to reappear in Masterton District Court on May 19 for a status hearing.

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