Sunday 18 August 2019

Shop manager fined €2,500 after employee ran 'nixer' from the premises

A SHOP manager has been left with a €2,500 after a former employee had been doing a clandestine “nixer” by selling unstamped tobacco from the premises
A SHOP manager has been left with a €2,500 after a former employee had been doing a clandestine “nixer” by selling unstamped tobacco from the premises

Tom Tuite

A SHOP manager has been left with a €2,500 after a former employee had been doing a clandestine “nixer” by selling unstamped tobacco from the premises.

Some 50 grammes were found in the shop.

John Wilson, 42, of Oakley Green, Longwood, Co. Meath, pleaded guilty to a charge under the Finance Act for keeping 0.05kg of fine cut tobacco for sale at his Costcutters shop, on Main Street, Lusk, Co. Dublin on November 14, 2017.

Judge Anthony Halpin heard at Dublin District Court that customs officers entered the retail premises and 50 grammes of unstamped rolling tobacco were found.

The shop manager was co-operative and believed a member of his staff placed the illegally obtained cigarettes behind the counter and was “operating a nixer”.

Judge Halpin noted the case related to “clandestine selling” and the employee was since fired.

New procedures have been put in place in relation to the sale of cigarettes at the shop.

The court heard the manager had run the shop for 15 years and was sorry this had happened.

Unfortunately in these type of cases people like the defendant were vicariously liable on behalf of the mal fides of another person, the judge said.

Judge Halpin noted he could impose fines ranging between €2,500 and €5,000 and the accused had no prior criminal convictions.

Judge Halpin said he was mitigating the fine down to the least amount possible and gave Wilson 12 months to pay.

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