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Landmark case against ‘legal highs’ seller

Landmark case against ‘legal highs’ seller

A shopkeeper who was at the centre of controversy surrounding the sale of so-called legal highs in Angus has become the first in Scotland to be convicted under legislation brought in to protect the public from harm.

Liston Pacitti was caught with five different types of new psychoactive substances (NPS) at his tobacco store at Aberdeen’s indoor market.

The 26-year-old was charged with breaching product safety regulations after he failed to produce necessary documents to trading standards officers.

At Aberdeen Sheriff Court, Pacitti was fined £1,800, a sentence welcomed by Aberdeen City Council.

The court heard legal highs called Happy Me Euphor-E Happiness and Elation, Limitless and Psyclone Research Chemical were being sold at the Odyssey store on Market Street.

Another three products labelled as herbal incense were also sold between February 22 and May 26 in 2014.

Pacitti, of Deveron Road, Aberdeen, previously admitted five charges under General Product Safety Regulations 2005 legislation when he appeared in court.

Defence lawyer Neil McRobert told the court that his client had given up selling the products in his shop.

But he had admitted that he had excess stock left which he would try to sell online.

The solicitor said his client had now gone into business selling e-cigarettes.

Aberdeen City Council communities, housing and infrastructure convener Councillor Neil Cooney said: “We welcome the conviction and sentence, which are the first under the General Products Safety Regulations 2005.”

Pacitti previously found himself at the centre of condemnation in Angus after NPS were offered for sale at premises in Arbroath and Montrose.

Their availability at the Evape-o-lution outlets led to major campaigns being mounted in the two towns, eventually leading to the closure of the premises.

In January last year, Pacitti told The Courier: “We’ve had constant harassment from the authorities and it appears they (legal highs) will eventually be made illegal.

“Part of the reason was that there was also a lot more irresponsible use of them in Arbroath people who would abuse the products.”

The Brothock Bridge shop in Arbroath and Montrose High Street premises were also targeted by police in 2014 along with an outlet in Perth’s County Place as part of the Operation Carinate offensive against the sale of the substances.