A BUSINESSMAN who tried to hide packets of counterfeit cigarettes in a customer’s shopping bag when he found out his shop was about to be searched by trading standards has been given a suspended prison sentence.

Burnley magistrates heard how Ahmad Mohammed Ali, 35, of Gordon Road, Nelson, was selling counterfeit cigarettes out of his International Food Store business, for a period of at least seven weeks in the early part of this year.

Prosecuting, Jack Troup said a trading standards volunteer went to the shop in Scotland Road, Nelson, on January 6 and asked the man behind the counter if he had any Polish L&M’s.

Mr Troup said: “The male said no but told him he had Marlboros, Pects and several other brands listing around 10 in total. He said the Marlboro were £5.50 a packet and the Pect were £3 a packet.

“The volunteer asked for a packet of each and paid £8.50 in total. The man then went up a staircase returning within a few seconds with the packets. Neither packet bore the required picture and text health warnings in English.”

The court heard how trading standards officers went to the shop on January 24 to carry out an inspection.

Ali was behind the counter serving a female customer and was told by lead inspector Michael Craig that they would start the inspection once he had finished serving the customer.

Mr Troup said: “Mr Craig then observed Mr Ali reach under the counter and attempt to put something inside the customer’s shopping bag, which was on top of the shop counter. Mr Craig looked inside the bag and saw a small quantity of cigarette packets on top of other grocery shopping. He asked the customer if they were hers and she responded saying that she hadn’t bought them and that she didn’t smoke.”

Inspector seized from the bag three packets of counterfeit Mayfair cigarettes and two packets of improperly labelled Gold Mount cigarettes.

Magistrates were told that Ali responded to written questions under caution and said that someone had come into his shop trying to sell him cigarettes but he had refused. He said this person had then left them saying they would return for them later. He said that when trading standards inspectors came into his shop he had been scared which is why he put them in the customer’s bag. He denied any knowledge of the sale of any cigarettes in the shop.

A second trading standards volunteer visited the shop on February 21 and asked for cheap cigarettes. They were told by the man behind the counter that he had L&M and Mayfair for £3 each or Marlboro for £5. The volunteer asked for and paid for L&Ms. The man put the money in the till and then went upstairs and came back a few seconds later with the packet of cigarettes, Mr Troup said.

A few weeks later Ali responded to further written questions under caution whereby he said that sales of cigarettes could not have happened in the shop as they had stopped selling them.

Ali pleaded guilty to three counts of supplying tobacco not bearing the required health warnings and one of selling counterfeit tobacco. He was given a 10-week prison sentence, suspended for 12 months, with £2,425.78 prosecution costs and a £115 surcharge to fund victim services.

International Food Store pleaded guilty to the same charges. It was ordered to pay a £200 fine and a £30 surcharge to fund victim services.

A forfeiture order was also made for the tobacco.