The City of Hamilton has revoked the business license of Westdale Vape and the tobacco license of Westdale Convenience following repeated violations and sales to minors over the past two years.
Following a two-hour hearing on June 5, City Council’s Licensing Tribunal unanimously upheld the licensing director’s decision to deny licenses to both stores after years of repeated violations.
“This tribunal is satisfied that the continuing operation of either business license would put public safety at risk, will not be carried out in compliance with the law, and will not be carried out with honesty and integrity,” stated Councillor Brad Clark, chair of the tribunal.
Both stores are owned by Farida Farooq, who said vape and tobacco sales account for 80 percent of the stores’ income. Speaking through a translator, she said the decision means “I will have to close it down or I’ll have to file for bankruptcy.”
History of Violations
City prosecutor Brandon Blackmore presented violations including provincial offence fines for selling to minors, illegal sale of higher-concentration vapes in the convenience store, deception toward law enforcement officers, and destruction of evidence.
Evidence showed the convenience store repeatedly sold restricted products to minors. Westdale Secondary School is located directly across Main Street from the stores.
Enforcement Officer Testimony
Marli Case, a City tobacco enforcement officer, testified about multiple violations. On January 10, 2023, Farooq sold Z-Pods Fruit Cherry Punch vapes with 50 mg/mL nicotine content to a 17-year-old without checking ID. The sale of 50mg/mL products is illegal in Canada.
Case explained the violations to Farooq, but while writing tickets, witnessed another customer buy vapes from the vape store and pay at the convenience store counter. “This is what we were just talking about a few minutes ago, and I see you’re about to do it again,” Case said she told Farooq.
Pattern of Continued Violations
Case testified about ongoing infractions:
March 28, 2023: Store clerk sold cigarettes to 17-year-old without ID check. April 28, 2023: Farooq sold cigarettes to 17-year-old without ID check. January 22, 2024: 16-year-old was sold vape pods. March 12, 2024: 16-year-old was sold high-nicotine vape despite producing ID that wasn’t checked. April 4, 2024: City found continued illegal vape sales; products seized. November 13, 2024: Clerk sold vapes to 16-year-old who openly stated his age.
In the November incident, a secret shopper asked for “watermelon ice” vapes. When asked for ID, the teen said he had none. The clerk asked if he attended Westdale Secondary, his age, and even “Are you a secret shopper?”
The secret shopper answered “no” to the question, told the clerk he was 16, and even after learning his age, the clerk asked “Do you want 20 or 50?” and proceeded with the illegal sale of 50 mg/mL products.
Case entered the store after the November sale and found the clerk destroying evidence, having removed all 50 mg/mL products to the back room with the garbage after becoming suspicious about the secret shopper.
Parent Testimony
A mother of a 15-year-old Westdale student testified that on May 26, 2025, her daughter was sold vaping products despite Farooq knowing she was a minor and attended the school across the street.
The mother presented banking statements showing store payments, explaining she e-transfers her daughter $15 daily for lunch. “I only send my daughter $15 a day for lunch, as I do not want her to have a whole lot of money.”
City prosecutor Blackmore asked: “So, to be clear, it’s your understanding that Westdale Convenience took your daughter’s lunch money in exchange for a vape?”
Under Canada’s open courts principle, the City of Hamilton is required to make public its evidence submission to the Licensing Tribunal, the City has not. The name of the parent is not available.
Defense Testimony
Farooq testified through a translator that minors she sold to “looked over the age of 25.” She promised to check ID, follow regulations, and never sell to minors again, saying her business would go bankrupt without vape and tobacco sales.
“I would change myself… I will change my view of looking at people about how old they look,” she said, pleading for another chance.
(The City paid for the translator. Council postponed the hearing for a month to ensure translation was provided and that Farooq would be afforded the ability to fully defend her businesses.)
Closing Arguments
“The time for one more chance was in January of 2023, after the first set of charges were issued. Not today, not after a number of repeat offences,” Blackmore said. “These are businesses that have shown time and time again that they prioritise their own financial interests over the health and well-being of perhaps the most vulnerable members of the community, being the impressionable and young high school students directly across the street.”
Farooq’s son gave closing arguments on his mother’s behalf, saying, “The business has been running for more than 12 years now. I, you know, there’s obviously been mistakes. There’s obviously been convictions. There’s no denying those facts.”
“I would just like to point out the fact that the whole family income is coming from the store,” he said. “That is a main concern.”
“She even tried selling the store itself so that she can move on, but no potential buyers came through, so she just wants some leniency.”
He said he would take responsibility for compliance.
“I understand we have been given chances before, but the only difference is I’m stepping in and I’m taking responsibility and myself going to the store, make sure it’s fully compliant with the law. I don’t want any mishaps, any other issues ever again.”
Tribunal Decision
Councillors unanimously voted against renewing the licences for either store.
The hearing was livestreamed on YouTube and can be viewed online here.
Production Details
v. 1.1.0
Published: June 6, 2025
Last updated: June 10, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
v. 1.1.0 CORRECTION, see correction note.
Correction, June 10, 2025 12:22: The first version of this story stated "Convenience stores can only sell products up to 20 mg/mL, while vape stores can sell up to 50 mg/mL." This is incorrect. The City of Hamilton states 50mg/mL products are illegal in Canada. The testimony is only clear in the context of the written submission, which the City of Hamilton is refusing to release. The City's refusal is contrary to Canada's open courts principle.