Illegal tobacco enforcement in Boston

Please provide the following information relating to illegal tobacco enforcement in Boston, Lincolnshire, from 1 January 2023 to the present date:

1. The total number of premises investigated for illegal tobacco sales in Boston.

2. The number of repeat investigations carried out at the same premises.

3. The number of formal warnings issued.

4. The number of prosecutions brought.

5. The number of seizures of illegal tobacco products.

6. The total estimated value of illegal tobacco seized.

7. The internal enforcement policy or guidance used when dealing with repeat offenders.

8. Any correspondence or internal reports discussing difficulties or barriers in prosecuting or closing repeat offenders.

1. 25

2. 4

3. 0 – prosecutions or closure orders have been brought in terms of penalties. Trading Standards Reports (TSRs) are left with each premise after each seizure. These can count as a written warning, detailing corrective action required, but investigations will then follow and the final penalty will be determined.

4. 14 prosecutions concluded,

5 prosecutions ongoing (currently at court), 6 investigations ongoing (awaiting charging decisions).

5. 48 seizures from 24 premises.

6. Amounts seized:

• 456,483 individual cigarettes, equivalent to 22,824 packs of 20 cigarettes

• 69,010g of hand rolling tobacco, equivalent to 1,380 packs of 50g

• Counterfeit Cigarettes estimated to retail at £5 a pack – £114,120 in cigarettes.

• Hand rolling tobacco estimated to retail at £15 per pack - £20,700 in tobacco

7. Please see attached – Lincolnshire Trading Standards Enforcement Policy

8. The information you have requested is exempt from disclosure under Section 31(1)(a) and Section 31(1)(b) of the Freedom of Information Act 2000.

Section 31(1) of the Freedom of Information Act 2000 states that: Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice— (a) the prevention or detection of crime; (b) the apprehension or prosecution of offenders.

The requested information comprises internal correspondence and reports concerning operational considerations, investigative activity and enforcement decision-making in relation to repeat offenders involved in illicit tobacco activity. Enforcement decisions are taken in accordance with the Council’s published Enforcement Policy, which sets out the principles governing escalation and prosecution.

The Council considers that disclosure of the requested information would be likely to reveal detailed operational methodology, investigative focus, and the processes by which cases are assessed and progressed under that policy framework.

Making such information publicly available would be likely to prejudice the prevention and detection of crime and the apprehension and prosecution of offenders, by enabling individuals engaged in unlawful trading to anticipate enforcement activity or adjust their conduct to avoid detection.

Accordingly, Sections 31(1)(a) and 31(1)(b) are engaged.

Public Interest Test

Section 31 is a qualified exemption and therefore the Council has considered the public interest in disclosure against the public interest in maintaining the exemption. The Council recognises the public interest in openness, transparency and accountability in relation to regulatory enforcement and the use of public resources. Disclosure would contribute to public understanding of enforcement activity in this area. However, there is a strong public interest in ensuring that the Council’s ability to prevent and detect crime, and to apprehend and prosecute offenders, is not prejudiced. Disclosure of detailed internal operational discussions and case assessment processes would be likely to undermine the effectiveness of enforcement activity and could reduce the success of future investigations.

On balance, the Council considers that the public interest in maintaining the exemption outweighs the public interest in disclosure. The information is therefore withheld under Sections 31(1)(a) and 31(1)(b) of the Freedom of Information Act 2000