Hunter Tobacconist Allegedly Defies 90-Day Closure Order, Risking Major Penalties
A Hunter Valley tobacconist that was slapped with a 90-day closure order for selling illegal tobacco products is reportedly continuing to trade in defiance of the directive, exposing itself to severe financial penalties and potential jail time for its operators.
Shop Spotted Open Despite Official Shutdown Notice
Maitland & Rutherford Tobacconist, located at North Mall in Rutherford, was observed with its doors open and conducting business on Thursday, February 5. This activity comes just one week after NSW Health formally ordered the premises to cease operations on Wednesday, January 28. The closure was mandated due to the sale of illicit tobacco and the retail of tobacco or non-tobacco smoking products by an unlicensed individual.
Under the terms of the order, the shop is not legally permitted to reopen until Monday, April 27. A spokesperson for NSW Health confirmed the department is aware of reports regarding retailers failing to comply with such closure orders, which also target the sale of illegal vapes.
"NSW Health takes all reports of closure order breaches very seriously and actively investigates these cases," the spokesperson stated. "Retailers who are found to be non-compliant with closure orders will be subject to further penalties. These will vary depending on the seriousness of the breach."
Steep Penalties for Non-Compliance Including Imprisonment
The consequences for flouting a closure order are substantial, as outlined by NSW legislation:
- For a first offence, an individual selling tobacco products, non-tobacco smoking products, or vaping goods from a closed premises faces prosecution with a maximum penalty of up to six months imprisonment, a fine of $137,500, or both.
- Subsequent offences can result in 12 months' imprisonment, a fine of $275,000, or both.
- Corporations are liable for fines of up to $687,500 for a first offence or up to $1.375 million for any subsequent breaches.
Attempts to contact Maitland & Rutherford Tobacconist for comment on the alleged breach were unsuccessful.
Broader Crackdown on Illegal Tobacco Trade in the Region
This incident is part of a wider enforcement push across the Hunter region. In November, six other Hunter tobacconists were closed for illegally selling tobacco. Those stores, situated in Lake Macquarie and Port Stephens, were only permitted to reopen this week on February 3 and 4.
The NSW government bolstered its enforcement capabilities with new powers that took effect on November 3, 2025. These regulations empower NSW Health to issue short-term closure orders of up to 90 days for premises involved in illegal tobacco trading or operating without a valid licence.
In a statement released on Friday regarding the closure of five Sydney tobacconists, NSW Health Minister Ryan Park emphasised the government's escalating efforts to combat the illicit trade statewide.
"The recent closures should serve as a reminder for those people in the community who are doing the wrong thing that we are serious, and they will be prosecuted," Mr Park said. "We are actively strengthening our efforts to bolster enforcement activity and will continue to pivot our approach to target even those who feel they can evade the law."
The alleged ongoing operation of the Rutherford store underscores the challenges authorities face in ensuring compliance, even as they ramp up inspections and legal actions against retailers flouting tobacco laws.
