Qld Health moves to close six tobacco stores for six months in state first

For the first time Qld Health has asked a court to urgently close these businesses for six months after sweeping raids in the war against illegal tobacco and vape sales. VIDEO, DETAILS.

In a state first, Qld Health is asking a court to shut down six Hervey Bay tobacco stores for six months.

It follows sweeping raids during which 70kg of loose tobacco, 480,000 cigarettes and 176 vapes were allegedly seized in what the health department described as a “significant escalation in the attempt to eliminate the illegal supply of smoking products across the state.”

Video footage of the raids, carried out by police and Wide Bay Health officers, shows shelves full of cigarette packets and other items being loaded into boxes which are then taped and labelled at the Main St Tobacconist.

An application by Queensland Health to close the businesses was put before Magistrate Trinity McGarvie in Hervey Bay Magistrates Court on Wednesday.

The owner of five of the businesses, Mohammad Alfalahi, and the owner of the sixth business, Adam Ayser, were not present, but were represented by legal representatives who asked for an adjournment.

The application was brought under legislation passed by state parliament about 18 months ago.

Barrister Peter O’Connor appeared on behalf of Queensland Health and said investigators had attended the premises on Tuesday, seizing “a substantial quantity of commercial amounts” of illicit tobacco products.

“It’s clear from that material that these businesses are still very much an ongoing concern,” he said.

The businesses had previously been issued infringement notices, which had been paid without any fuss by either respondent, Mr O’Connor said.

In a Queensland first, six Hervey Bay tobacconist stores have been taken to court as the health department seeks to shut the businesses down for six months in relation to the alleged sale of illicit tobacco products.

“The regularity that they are able to restock and continue on with their commercial enterprise is of concern.”

An injunction was being sought, but that would only attach to the individual, not the premises, he said whereas the application to close the premises had the intent of disrupting the operation.

“This is an emergent and urgent community health issue,” he said.

“It is a matter that needs to be dealt with expeditiously.”

Mr O’Connor described the closure bid as a “black and white issue” as illicit tobacco products were being sold from the businesses where there was no license to do so.

“That’s provable in the material,” he said.

Ms McGarvie said it was a big step for a business, being told by “coercive powers exercised by the court that they must shut their doors for six months”.

“So, it seems desirable that they have a reasonable opportunity to respond,” she said.

Mr O’Connor said the department was looking to address a need for the community’s health to be protected “against perpetrators of this conduct that’s been carried on for years in respect of some of these premises, up until yesterday”.

“These shops in all likelihood, based on past performance, very likely could be open again tomorrow,” he said.

However, Ms McGarvie said she would grant an adjournment, and the case will return to court on June 26.

Originally published as Qld Health moves to close six tobacco stores for six months in state first