Trader Advice - Underage Sales Due Diligence
Bracknell Forest Trading Standards lead and coordinate work on underage sales issues. We work closely with Thames Valley Police and various community safety groups to tackle this wide ranging subject.
Various pieces of legislation exist which are designed to protect young people by prohibiting the sale of certain products to anyone under certain ages. The ages at which products can be purchased, differs depending on the type of product involved. The following information has been designed to help traders that sell age restricted products."
- Display Proof of Age Material
- Stand Your Ground
- Avoid Blame
- Keep Your Distance
- Some useful steps to avoid breaking the law:
Displaying proof of age material may make youngsters think before attempting to buy.
A refusal can embarrass a customer, so be tactful. Always be polite and calm, and don’t antagonise by getting annoyed or aggressive. Be professional, apologise.
If faced with a group, move the person you’re talking to away from the rest. This lessens the chance of them playing to the crowd.
• Be polite
• Apologise
• Don’t antagonise
• Be firm
• Use tact
• Don’t humiliate
Politely stress your legal obligations, when refusing to serve someone. If you’re asking for identification for proof of age, emphasise it’s nothing personal, but the law requires it. State it’s the policy of the shop to make this request to anyone whom you suspect of being under-age.
• De-personalise the situation
• Explain your legal obligation
• Blame the shop policy
• Don’t get angry
Try to stay calm, apologise, use relaxed body language and avoid prolonged eye contact. Use slow and deliberate body movements and try to keep something between you and the possible aggressor. Stay behind the counter, this provides a barrier should violence occur.
• Avoid prolonged eye contact
• Use relaxed body language
• Say sorry
• If possible keep a barrier between you
Some useful steps to avoid breaking the law:
• Never assume the age of the young person
• If in doubt then ask the person their age and always seek proof
• If they cannot prove their age then refuse to sell
• Ensure that all your staff including temporary and part time staff are fully trained not to sell age-restricted products to children
• Regularly remind your staff not to sell age-restricted products to children and provide regular training. It is also good practice to maintain a refusals book.
• Display the statutory notices for the sale of cigarettes, fireworks and lottery tickets
• You can also display notices about lighter refills, alcohol and solvents
• Separate age restricted videos from general videos.
• Cigarette vending machines must be located where their usage can be monitored and controlled
• Consider a 21 policy for alcohol and 18 policy for cigarettes by requesting proof of age if the purchaser does not look over 21 for alcohol and 18 for cigarettes.
- Staff Training
- Ask for Proof of Age
- Make a Record of Refusals
- Display Warning Notices
- Keep Age Restricted Products Behind the Counter
- Use “Till Prompts”
- Positive Actions
ALL staff should be aware of their legal responsibilities - and you should have remainders and updates regularly. New staff should be trained as soon as they join the business and keep a written record of training and updates given in order that you can prove that they have been given.
Adopt a 21 policy for alcohol and an 18 policy for tobacco.
Above all, do not supply age-restricted products to any person whom you believe may be under-age unless they can provide proof of their age. If you are still not satisfied do not make a sale.
Keeping a record of refused sales is a good way of showing that you are being diligent and trying not to sell products to the under-aged. This means of recording can also provide useful insight into which staff members are refusing sales, highlighting any members of staff who may need further training. It can also act as a deterrent to young people attempting to buy.
If you sell tobacco you must display a warning notice. You may wish to consider other warning notices at the point of sale or entry to the store as deterrents to the under-aged customer e.g.: No ID, No Sale! or Think 21!
Keep Age Restricted Products Behind the Counter
If a purchaser has to ask for a product this can act as a deterrent on its own. It may also prompt you to ask for proof of age.
At the “Point of Sale” staff reminders should be used.
This could take the form of an electronic display on the till, stickers or posters.
Other steps you can take include implementing a policy of not selling to anyone wearing school uniform and installing CCTV to deter under-age customers and to help the Police prosecute.
This information is intended for retailers selling age-restricted goods. It is intended only for guidance as only the courts can interpret the law. If you require further advice regarding the law then please contact Bracknell Forest Trading Standards Service on 01344 352000.
- Alcohol
- Confectionery containing alcohol
- Cigarettes
- Cigarettes Vending Machines
- Fireworks
- Video Cassette tapes/DVD/Computer games
- Cigarette Lighter Fuel
- Intoxicating Solvents
- Lottery Ticket
- Air Weapons
- Crossbows
- Knives
- Aerosol paints
- Petrol
Neither you nor anyone you employ should sell alcohol to anyone under the age of 18.
In addition :
- It is illegal for a young person to buy or attempt to buy alcohol
- It is a criminal offence for any person to buy or attempt to buy alcohol for a person under the age of 18 years.
Confectionery containing alcohol
Including liqueur chocolates etc must not be sold to children under 16 years of age.
The maximum penalty for not following the law is a level 5 fine of up to £5000 under the Licensing Act 2003 (current penalty £1000) and your liquor licence may be removed at the court’s discretion.
It is illegal to sell tobacco products to children under the age of 18 years, even if they are buying for their parents or another adult.
Tobacco products include cigarettes, cigarette papers, cigars, pipe tobacco, products containing tobacco intended for oral use or nasal use and smoking mixtures intended as a substitute for tobacco.
You must only sell cigarettes in packets of 10 or more in their original packaging. You must not sell loose cigarettes or split packets.
If you sell cigarettes to any person under the age of 18 years you could face a fine of up to £2500.
You must display a clear notice stating “It is illegal to sell tobacco products to anyone under the age of 18”
The sign must have letters at least 36mm high, be A3 size (297mm x 420mm) and be visible where tobacco products are sold.
If you fail to display this sign then you could face a fine of up to £1000.
You must not allow persons under the age of 18 years to obtain cigarettes from vending machines. Vending machines should be placed where you can see them and where you can control their use.
You must display a sign on the vending machine stating “This machine is only for the use of people aged 18 or over”
The sign itself should be least 60mm x 100mm with the letters being at least 6 mm in height.
You must not sell fireworks to any person under the age of 18 years (remember sparklers are fireworks). You must not sell party poppers, caps, cracker snaps, novelty matches, serpents and throw-downs to anyone who you feel looks under the age of 16 years unless they can provide Proof of Age.
If you sell these products to children you could be fined up to £5000 in the magistrate’s court or face a term of imprisonment of up to 6 months, or both.
You must display the statutory notice (min size 400mm x 300mm, letters at least 16mm in height) with the wording:-
“It is illegal to sell adult fireworks to anyone under the age of 18” and “It is illegal to anyone under the age of 18 to possess adult fireworks in a public place”.
Video Cassette tapes/DVD/Computer games
You must not sell, rent or supply a video cassette or DVD unless the British Board of Film Classification has classified it.
You must not supply (including hiring out) a video cassette tape or DVD to a person who is under the age marked on the video cassette tape/DVD.
Most computer games are exempt from classification but if the game is classified then it must not be supplied to a person who is under the age marked on the game.
The age restrictions are 12, 15 and 18.
The maximum fine for selling or renting an age restricted cassette/DVD to a child under the specified age is £5000 and/or up to 6 months imprisonment.
Restricted 18 video cassettes and DVD’s can be supplied only in licensed sex shops to persons 18 years of age and older.
You must not sell or supply cigarette lighter fuel or any lighter re-fill canister containing butane or any other substance containing butane to any person under the age of 18 years.
Examples are solvent-based glues, aerosols, dry cleaning fluid, correction fluid and thinners, marker pens and antifreeze.
You must not sell or supply any substance to a person under the age of 18 years, which you believe they may inhale for the purpose of causing intoxication.
You must not supply lottery tickets and scratch cards to children under 16 years of age. You must not supply these items to a child even if they say they are for their parents or for another adult.
You must also display a notice in your shop warning against supplying lottery tickets and scratch cards to children under the age of 16 years.
It is important to note that if you sell to a child then you may be breaching your contract with your supplier of the Lottery Terminal, which could ultimately result in the terminal being removed.
You must not sell or supply an air weapon to a person under the age of 18 years.
The penalty for selling or hiring an air weapon to a person under 18 years of age is up to 5 months imprisonment, a fine of up to £5000, or both.
You must not sell or hire a crossbow to a person under the age of 18 years.
The maximum penalty on summary conviction is 6 months imprisonment and or fine of £5000.
You must not sell knives to any person under the age of 18 years. You cannot market a knife in a way that indicates it is suitable for combat or to encourage violent behaviour.
The maximum penalty on summary conviction is 6 months imprisonment or a fine of £5000 or both.
You must not sell an aerosol paint container to a person under the age of 16 years. There is a maximum penalty of £2500.
You must not sell petrol to any person under the age of 16 years. No person under the age of 18 years should be left in sole charge of a filling station.
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