Underage sales
What the legislation does
Protects young people by restricting access to products which might be injurious to health (cigarettes and tobacco, butane gas, solvents, fireworks, petrol) or which have been been restricted by virtue of maturity (video works, lottery tickets).
Videos - It is a requirement that all video films are submitted to the British Board of Film Classification (BBFC) for certification.
- This certification process can either exempt or impose age-related conditions on the video.
- Businesses are prohibited from selling or renting videos to persons under the age limits imposed on the video.
- For example a video classified as 18, cannot be supplied to a person under that age.
Further information from TSCentral
Tobacco
- Retailers must not sell cigarettes or tobacco products to persons under the age of 16.
- Trading Standards routinely carries out inspections and undertakes test purchases from retailers.
- It is a legal requirement that all retailers of cigarettes or tobacco products display an A3 size notice stating "It is illegal to sell tobacco products to anyone under the age of 16" near the cigarette counter. The size of the letters must be at least 36mm high.
- If the cigarettes are sold through a vending machine then a smaller notice (60x100mm) must be displayed on the machine stating "This machine is only for the use of people aged 16 or over". The size of the letters must be at least 6mm high.
- Legislation restricts the size, format and content of tobacco advertisements at point of sale, vending machines and publications.
- Advertising and sponsorship of tobacco is banned Marking/warning labels on cigarettes and tobacco products is specified
- Prevents sale of cigarettes other than from original packets.
- Prevents sale of oral tobacco products.
Further advice is available at TS Central
Fireworks
- The sale of fireworks is restricted to those who are apparently over the age of 18 years.
- All retailers are required to register the premises used to store the explosives with Environment Services.
- Fireworks must be kept in a cabinet, which is not accessible to customers.
- Officers of the Trading Standards Team carry out inspections and test purchases during the Bonfire Night period.
Butane Gas
Gas lighter refills can only be sold to persons over the age of 18.
Spray Paints
- Can only be sold to persons over the age of 16.
- Statutory notice, "It is illegal to sell a spray paint device to anyone under the age of 16", of set minimum size to be displayed by retailers of spray paints
Petrol
- Persons under the age of 16 must not dispense petrol (use the pumps) at a filling station
Other Age Restricted Products – not enforced by Trading Standards
Solvents
Offence to ’recklessly’ sell substances knowing that they are going to be inhaled for the purpose of causing intoxication.
Offensive Weapons
Age restrictions on the sale of knives or other sharp objects.
Lottery
National Lottery tickets or scratchcards must not be sold to anyone under the age of 16 years.
Enforcement
Enforcement of age restricted purchases requires several different approaches. Traders must be educated as to their responsibilities therefore advice and media campaigns must be carried out.
Education
The potential underage purchasers must be made aware of the dangers of certain products through liaison with schools and educational establishments.
Test purchases
Enforcement of offending traders can be carried out (with the help of the police) through test purchasing programmes and surveillance operations. Trading Standards carry out frequent test-purchasing exercises using child volunteers. Volunteers are asked to attempt to purchase a variety of age-restricted goods including fireworks, tobacco and videos. TS Central has some
general trader advice
Preventing underage sales If an age-restricted product is sold to an underage person, the retailer and the salesperson can be guilty of a criminal offence.
This applies even if the underage person claims they are buying the item for an adult. If you are in doubt, and the person cannot provide legitimate proof of their age, our advice is to refuse to sell the goods to them.
If you sell age-restricted products you need to be fully aware of the age limits.
All staff should be adequately trained and aware of your company’s procedures and policies.
Age limits A full list of
age limits and the maximum penalties for selling age-restricted goods is on the Trading Standards Central website.
If you are caught selling these goods to an under-age person it may result in legal proceedings.
Proof of age The easiest way to stop selling to underage customers is to always ask young customers for proof of age, even if they initially appear old enough. Police and Trading Standards recommend you only accept proof of age with both the date of birth and a photo, such as: Citizencard, passport, photo driving licence or other authorised proof of age cards such as Validate or Portman Group Card.
There are fake proof of age cards about, so if you are unhappy with any card for any reason, refuse the sale.
Items such as birth certificates and national insurance cards are not recommended since they carry no photo so can be passed between friends.
You legally have the right to refuse any customer either over or under age if you are unhappy with the sale in any way
Legislation
See entries for Fireworks & Explosives, Video Recordings
Antisocial Behaviour etc. (Scotland) Act 2004
Sale of Spray Paint (Display of Warning Statement) (Scotland) Regulations 2004 Children and Young Persons (Scotland) Act 1937
Children and Young Persons (Protection from Tobacco) Act 1991
Tobacco Advertising and Promotion Act 2002 Protection of Children (Tobacco) Act 1986 Protection from Tobacco (Display of Warning Statements) Regs 1992 Tobacco Products Labelling (Safety) Regulations 1991
Cigarettes (Maximum Tar Yield) (Safety) Regulations 1992
Tobacco for Oral Use (Safety) Regulations 1992
Cigarette Lighter Refill (Safety) Regulations 1999
Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 Tobacco Advertising and Promotion (Sponsorship Transitional Provisions) (Scotland) Regulations 2003
Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004 Tobacco Advertising and Promotion (Specialist Tobacconists) (Scotland) Regulations 2004
Tobacco Advertising and Promotion (Brandsharing) Regulations 2004
