Chippy boss who charged 50p extra for card payments agrees to make food bank donation
AN Anglesey chip shop boss has agreed to donate £6,000 to a local food bank. It follows a Trading Standards prosecution against owner Duran Sasmaz for wrongly charging customers extra if they paid by card.
He told customers at Aran Fish and Chip Shop, Llangefni, it would cost an extra 50p if they wanted to pay by card, a court heard. Since 2018, it’s been illegal for businesses to charge extra for card payments.
Following several customer complaints, Trading Standards officers went undercover at the chippy.
After carrying out a test purchase, they found their card payment had been charged 50p more than the till receipt.
Prosecutors said previous warnings had been ignored, estimating Samsaz could potentially have made up to £12,000 from the card surcharges.
This month, Sasmaz, of Pen Derwydd, Llangefni, admitted breaching consumer protection regulations at Caernarfon magistrates’ court. He was ordered to pay a fine and costs totalling £1,512.
Samsaz said he made added 50p surcharges only on payments under £15.
As it was impossible to identify every victim, both parties agreed to value the gain at £6,100.
Compensating victims was considered impractical, so instead Sasmaz was asked to agree a donation to Anglesey Food Bank as a “goodwill gesture”.
Already, a £3,000 cheque has been handed to the charity, with assurances that another is on the way.
Trystan Owen,
Anglesey
Council’s chief public protection officer, said: “Where we have a successful prosecution involving a victim with a quantifiable loss, it is common practice to request that the court consider issuing a compensation order so that the ill-gotten gains are returned to the victim.
Pic: Plaid Cymru
“However, on this occasion we were unable to identify individual victims.
“As such, it was suggested by Trading Standards officers that a remorseful Mr Sasmaz may wish to consider a donation to the local food bank as a goodwill gesture, to be taken into consideration at court.”
Before 2018, retailers were allowed to make reasonable charges to reflect the cost they incurred for accepting payments by card – provided this was communicated to customers in advance. Since January 2018, however, this has been outlawed.
Retailers are not required to provide card payment facilities and many similar businesses operate on a cash-only basis to avoid the extra overheads with card payments.
Businesses can also refuse to accept card payments for purchases below a minimum value, provided this is made clear to customers.
Caernarfon magistrates heard that complaints about Aran Fish and Chip shop were first received by Anglesey Trading Standards in 2019. The shop was said to have a poster on the wall advising of the surcharge.
The business was issued with guidance but further complaints were received, now with no signage displayed. A final written warning was issued in September 2021.
But following another complaint on March 1, 2023, Trading Standards officers went undercover and confirmed card surcharges were still being added.
Sasmaz claimed he had reintroduced the charge due to increasing costs – but only for payments under £15. He insisted he always told customers that he served - but admitted he rarely served customers as he was usually cooking.
Cllr Nicola Roberts, Anglesey’s planning, public protection and climate change portfolio holder, welcomed the prosecution.
She added: “As a result of this innovative approach by our Trading Standards officers, a £3,000 cheque has already been presented to Mr Roy Fyles of the Anglesey Food Bank, with assurances that another will also be provided.”