Shisha cafe owners found guilty of breaching smoking laws

Published: Thursday 11 July 2024

Updated: Thursday 11 July 2024

Business owners of two Shisha lounges in South Kensington have been found guilty of supplying tobacco related products without health warnings and failing to stop people smoking in a smoke-free premises.

Creative Company Shop Ltd known as the White Lounge and Najma Group Ltd Trading as the Muse Lounge were found guilty at Westminster Magistrates Court on Wednesday 10 July 2024 following an investigation by Kensington and Chelsea Council’s trading standards team. All charges were proven against the defendants in their absence and they will be sentenced later in the year. They were charged for offences related to section 2 and section 8 of the Health Act 2006 and section 48 Tobacco and Related Products Regulations 2016.

 

What offences were carried out?

Owners of Creative Shop Company Ltd  operated a café in Beauchamp Place, Chelsea where members of the public were found smoking within a completely enclosed basement area with no outdoor space. Officers also found tobacco products on sale without mandatory health warnings.

The Muse Lounge on Walton Street also supplied shisha products without any health warnings and officers witnessed members of public smoking in enclosed areas.

 

Cllr Cem Kemahli, Lead member for planning and public realm said: 
"Most businesses in our borough do the right thing but those who don’t should be punished. We will continue to take a tough stance against those who disregard the law and put our residents at risk of harm. These cases demonstrate our trading standards officers’ efforts to hold rogue business owners to account to create a borough that is safer and fairer for all”

When did the offences take place?

On 3 September 2022 and 3 February 2023, Kensington and Chelsea trading standards officers found multiple breaches of smoke free legislation at the premises on Beauchamp Place in Chelsea. The owners operated a café in which tobacco products were supplied in the form of shisha, and on 3 September 2022 the shisha bowls and pipes were found to have not been supplied with the prescribed health warnings.

Creative Company Shop Ltd was charged under Section 2 and Section 8 of the Health Act 2006 and Section 48 of the Tobacco and Related Products Regulations 2016.

In June 2023, officers visited the Muse Lounge on Walton Street and witnessed members smoking in substantially enclosed premises. Upon further inspection the cafe was also found to supply unlabelled shisha products and none of the containers had the required health warning.

The judgement was delivered in the absence of the business owners. The defendants will be sentenced later in the year and can appeal the decision.
 

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