AGE RESTRICTED SALES GUIDANCE & ADVICE ON THE LAW FOR LINCOLNSHIRE BUSINESSES

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2 Acknowledgements Trading Standards would like to thank all partner agencies who have helped in the creation and the funding of this pack. We would also like to thank the Pelican Trust and Print Talk for the printing of the pack and folder, in addition to the many officers who worked hard to ensure the pack was produced to a high standard. This pack has also been printed on paper from a sustainable source.

3 Introduction Welcome to Lincolnshire Trading Standards Age-Restricted Sales guidance for businesses. At Trading Standards our aim is to help Lincolnshire businesses comply with the law on the sale of age-restricted products. This pack has been put together to assist you with making sure that a sale is only made to someone who is legally old enough to buy such a product. We are here to help you at an early stage to anticipate and react to potential problems from the start. By thinking about the issues in the pack you could save your business time and money, whilst avoiding the risk of prosecution. The pack contains information on which products are age-restricted and the minimum age the person should be to buy the product. It also gives guidance on the penalties and sanctions imposed if a sale is made. In addition the pack will give you clear, practical advice on how to train your staff, including: lknowing the age limits for the products you sell lwhat could happen if they sell a product illegally lhelp on what ID is acceptable, how to check ID and how to refuse a sale lhow to deal with difficult customers lrecording refused sales of agerestricted products in a refusal log, in addition to posters for you to display It may not always be easy to refuse to sell products to people who you suspect may be underage, but by following the guidance in this pack you should see the risk significantly reduce. If you require further advice or support, or if nearby businesses compete unfairly by continuing to sell to underage customers, contact us and we will do everything we can to help. Remember... These laws exist to safeguard the health of young people. If you or your staff were caught selling age-restricted products to a person under the appropriate age you may be interviewed under caution and prosecuted. We would then assess whether you had taken all reasonable steps to avoid committing the offence. Please remember we do have the powers to test purchase at any time.

4 Contents At a glance guide to age restricted products Fact sheets Alcohol Tobacco Knives Fireworks Glues and Solvents Spray paints Butane Lighter Refills DVDs and Computer Games National Lottery Tickets and Scratchcards How to prevent under age sales Challenge 25 Points to note Proxy purchasing Training Staff Training Log sheets Contacts Refusals booklet Posters

5 At a glance guide to Age Restrictions Alcohol Minimum Age Anyone buying or trying to buy alcohol for someone under 18 also commits an offence. Penalty 5,000 You can also have your licence taken away. Tobacco This is not just cigarettes, but also loose tobacco, chewing tobacco, rolling papers and any substitute for tobacco. 2,500 Also, if you sell single cigarettes, even to an adult, you can be fined up to 1,000. Knives This includes any axe or any other item which has a blade or is sharply pointed and could cause an injury. 5,000 You can also get up to 6 months in prison. Fireworks Fireworks must not be sold separately if they are meant to be sold in a pack. 5,000 You can also get up to 6 months in prison. Indoor Fireworks These include cracker snaps, novelty matches, party poppers, serpents and throw downs. 5,000 You can also get up to 6 months in prison.

6 At a glance guide to Age Restrictions Glues and Solvents Minimum Age These include glues, aerosols, cleaning fluids, paint stripper, nail polish remover and antifreeze. These CANNOT be sold if you think the person is going to abuse them in any way. Penalty 5,000 You can also get up to 6 months in prison. Spray Paints 2,500 Butane Lighter Refills 5,000 You can also get up to 6 months in prison. DVDs and Computer Games It is also illegal to sell a work classified as Restricted 18 unless sold to someone 18 or over through a licenced sex shop. 5,000 You can also get up to 6 months in prison. National Lottery Tickets and Scratchcards It is also against the law for someone under 16 to sell National Lottery draw tickets and Scratchcards. Unlimited You can also get up to 2 years in prison.

7 FACT SHEETS

8 Age restricted sales Alcohol The law governing the sale of alcohol at both On and Off Licensed premises is the Licensing Act All premises that sell alcohol must have a licence. Staff Advice Staff is of great importance in reducing the number of sales of alcohol to underage persons. Regular refresher of staff is encouraged and a record of this should be kept see section. All Staff should be reminded that:! it is illegal to sell alcohol to anyone under the age of 18! it is illegal for a person under the age of 18 to attempt to buy alcohol! it is illegal to buy or attempt to buy alcohol for someone under the age of 18 (known as proxy purchasing)! it is illegal to sell liqueur chocolates to persons under the age of 16! alcohol purchased online or ordered over the telephone must not be delivered to persons under the age of 18 Staff under the age of 18 must not sell alcohol without being authorised by the licensee or other responsible person over the age of 18. This authorisation must be given personally each time alcohol is presented at the point of sale. If you are unsure as to whether the customer is old enough you should ask for proof of age, for example a passport, photocard driving licence or PASS accredited ID card. If you are still unsure, refuse the sale and record it in the refusals log. Test Purchasing Trading Standards and the Police conduct joint Test Purchasing operations. This is where school children attempt to buy alcohol at licensed premises. The children behave as a normal customer and are supervised by Police and Trading Standards Officers. Both Trading Standards and the Police must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow. Enforcement The law relating to the sale of alcohol to persons under the age of 18 is enforced by the Police and Trading Standards. Where alcohol is sold to an underage person, both the person who sold the alcohol and the licensee(s) can be held responsible. Police Officers have the power to issue a fixed penalty notice or report for prosecution for a hearing in Court, if a sale is made.

9 Trading Standards Service, County Offices, Lincoln LN! 1YL JLH Where a licensee or designated premises supervisor sells alcohol to a person under the age of 18 they will be reported for a Court hearing by the police. It is also possible that a review of the premises licence may be sought. The maximum penalty for being found guilty of selling alcohol to a person under the age of 18 is a 5,000 fine. A review of a premises licence may result in the following:! revocation of your licence! suspension of your licence for up to 3 months! increased conditions being placed on your licence Trading Standards provides advice and education to traders and consumers, as well as parents, teachers and young people, in order to prevent the sale of alcohol. Persistently Selling Alcohol to Children This offence is committed if, on two or more different occasions within a three month period, alcohol is unlawfully sold to persons under the age of 18 at the same premises. The maximum penalty for being found guilty of this offence is a fine of 10,000. Police and Trading Standards Officers also have the option of issuing a closure notice. The closure notice prohibits the sale of alcohol for 48 hours. Underage alcohol sales put young people at risk of harm and you risk losing your licence, facing a potential fine or imprisonment. It is in everyone's interest to have a robust age verification policy in place to protect your business. In October 2010 a new mandatory condition will be added to all alcohol licences which states the premises licence holder must make sure that a premise has an age verification policy in place for the sale or supply of alcohol. The policy must make sure that customers who appear to be under 18 years of age are asked to show accredited proof of age identification (unless you specify in your policy that you operate a Challenge Scheme). This condition is intended to ensure that all licensed premises operate at least a minimum standard of due diligence to ensure they do not sell alcohol to minors. Premises that already operate verification polices (such as no ID no sale, Challenge 21/25/30) do not have to take any additional action to comply with this condition. Signage Although you do not have to display a sign (unless it is a condition of your licence), Trading Standards can supply one free of charge on request - please see contacts page for details. IT IS ILLEGAL TO SELL ALCOHOL TO ANYONE UNDER THE OF 18 Lincolnshire COUNTY COUNCIL

10 Age restricted sales Tobacco The law covering cigarettes and tobacco products includes not just cigarettes but also loose tobacco, chewing tobacco, rolling papers and any substitute for tobacco. What does the law say? The minimum age for buying tobacco products is 18. If you sell tobacco products to anyone below this age you could be fined up to 2,500. It is also against the law to sell cigarettes from an open pack. If you sell single cigarettes, even to an adult, you can be fined up to 1,000. If you have previously been caught selling to under 18s in the last two years, a Court can either:! impose an order banning you, as a person, from selling tobacco products, or! impose an order banning the premises where you work from selling tobacco products Trading Standards must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow. Enforcement The law relating to the sale of tobacco to persons under the age of 18 is enforced by Trading Standards. Where tobacco is sold to an underage person, both the person who sold the tobacco and the retailer can be held responsible. Formal action may be taken where there is a sale of tobacco to a person under 18. This may include a tape recorded interview under caution followed by prosecution. This is in addition to any fine and such an order can be in force for up to a year. Test Purchasing Trading Standards conduct Test Purchasing operations. This is where school children attempt to buy tobacco from retailers. The children behave as a normal customer and are supervised by Trading Standards Officers.

11 Trading Standards Service, County Offices, Lincoln LN! 1YL Trading Standards Service, County Offices, Lincoln LN! 1YL JLH JLH Signage If you sell cigarettes, you are legally required to display a notice like this where the cigarettes are sold: IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANYONE UNDER THE OF 18 Lincolnshire COUNTY COUNCIL Notice to be at least 297mm x 420mm with lettering at least 36mm high Vending machines must display a notice like this: THIS MACHINE IS ONLY FOR THE USE OF PEOPLE D 18 OR OVER Lincolnshire COUNTY COUNCIL Notice to be at least 60mm x 100mm with lettering at least 6mm high Trading Standards can supply these signs free of charge on request, please see contacts page for details.

12 Age restricted sales Knives The laws governing the sale of knives at retail level are the Criminal Justice Act 1988 (as amended) and the Violent Crime Reduction Act Police and Trading Standards are working together to provide local traders with advice and information in order to ensure compliance with the law. Staff Advice Staff is of great importance in reducing the number of sales of knives to underage persons. Regular refresher of staff is encouraged and a record of this should be kept see section. All Staff should be reminded that it is illegal to sell the following to a person under the age of 18:! knife this does NOT apply to folding pocket knives where the cutting edge of the blade is less than three inches or 7.62cm! knife blade! axe! razor blade - this does NOT apply to safety razors and refill cartridges where less than 2mm of the blade is exposed! any item with a blade, or which is sharply pointed and which is adapted for causing injury to a person Under current laws, it is legal to sell, and for persons under the age of 18 to buy, the following:! skewers! screwdrivers! scissors! pruning saws (which are clearly indicated as such)! plasterboard saws! peelers! children's cutlery! wooden or plastic cutlery It is not illegal for a person under the age of 18 to sell a knife or similar article provided the customer is over 18. If you are unsure as to whether the customer is 18 you should ask for proof of age, e.g passport, photo card driving licence or PASS accredited ID card. If you are still unsure, refuse the sale and record it in the refusals log. If you sell a knife or similar article to a person under the age of 18 both you and your employer may face legal proceedings. Illegal Knives There is a complete ban on the sale of some knives, which are considered to be offensive weapons. These include:! flick knives - knives where the blade is hidden inside the handle and shoots out when a button is pressed; these are also called 'switchblades' or 'automatic knives'! butterfly knives - where the blade is hidden inside a handle that splits in two around it, like wings; the handles swing around the blade to open or close it

13 Trading Standards Service, County Offices, Lincoln LN! 1YL JLH 11.07! disguised knives - where the blade is hidden inside something like a belt buckle or fake mobile phone If you are planning to stock specialist knives, please contact the police for more detailed advice. Marketing of Knives The Knives Act 1997 prohibits the marketing or the publication of marketing material in relation to knives in a way which: Indicates or suggests that it is suitable for combat ; OR Is likely to stimulate or encourage violent behaviour The term suitable for combat means: suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury. The term violent behaviour means: an unlawful act inflicting injury on a person or causing a person to fear injury. There are exemptions to allow the sales of knives and similar articles for legitimate purposes such as use for the armed forces and collectors' pieces. The maximum penalty for marketing knives in such a manner is up to 2 years imprisonment and an unlimited fine. Test Purchasing Trading Standards conduct Test Purchasing operations. This is where school children attempt to buy knives from retailers. The children behave as a normal customer and are supervised by Trading Standards Officers. Trading Standards must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow. Enforcement The law relating to the sale of knives to persons under the age of 18 is enforced by Trading Standards. Where a knife is sold to an underage person, the person who sold the knife and the retailer can be held responsible. The maximum penalty for selling a knife is up to 6 months imprisonment and a 5,000 fine. Trading Standards provides advice and education to traders and consumers, including parents, teachers and young people in order to prevent sales of knives. If you are unsure as to any aspect of the law and what is required in order to comply with it, please contact Trading Standards (see contacts page). Signage Although you do not have to display a sign, Trading Standards can supply one free of charge on request. Please see contacts page for details. IT IS ILLEGAL TO SELL KNIVES TO ANYONE UNDER THE OF 18 Lincolnshire COUNTY COUNCIL

14 Trading Standards Service, County Offices, Lincoln LN1 1YL JLH Age restricted sales Fireworks You must not sell fireworks, including sparklers, to anyone under the age of 18. You can sell cracker snaps, novelty matches, party poppers, serpents and throw downs to people under 18 but they must be at least 16 years old. If you don't comply with this you could be fined 5000 or face 6 months in prison. When can fireworks be sold? You must be registered with Trading Standards to store fireworks and you can only sell them during the following periods: lguy Fawkes, from 15th October and ending on 10th November lnew Year, from 26th December and ending on the 31st December lchinese New Year, the first day and the three days immediately preceding it lon the day of Diwali and the three days immediately preceding it It is a criminal offence to sell fireworks outside of the above dates. If you wish to sell fireworks outside of these dates you will need to obtain a special licence from Trading Standards. What notices do I need to display? If you sell fireworks, you are legally required to display a notice as shown above. We can supply the following sign free of charge on request, please see contacts page for details. IT IS ILLEGAL TO SELL ADULT FIREWORKS AND SPARKLERS TO ANYONE UNDER THE OF 18 IT IS ILLEGAL FOR ANYONE UNDER THE OF 18 TO POSSESS ADULT FIREWORKS IN A PUBLIC PLACE Lincolnshire COUNTY COUNCIL Notice must be at least 297mm x 420mm Multipacks Fireworks must not be sold separately if they are meant to be sold in a pack. This includes fireworks taken from selection packs and single items from multi-packs of the same firework. A leaflet giving information about storing and selling fireworks safely may be viewed and downloaded free of charge at

15 Test Purchasing Trading Standards conduct Test Purchasing operations. This is where school children attempt to buy fireworks from retailers. The children behave as a normal customer and are supervised by Trading Standards Officers. Trading Standards must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow. Enforcement The law relating to the sale of fireworks to persons under the age of 18 is enforced by Trading Standards. Where fireworks are sold to an underage person, both the person who sold the fireworks and the retailer can be held responsible. Formal action may be taken where there is a sale of fireworks to a person under 18. This may include a tape recorded interview under caution followed by prosecution.

16 Age restricted sales Glues and solvents This category includes glues, aerosols, cleaning fluids, paint stripper, nail polish remover and antifreeze. It is an offence to sell solvents to anyone under 18 if you suspect they may be likely to inhale them for the purpose of intoxication. Be wary of customers who make multiple purchases or purchase solvents with other items that could be used to abuse them. It is also an offence to sell solvents to an adult if you suspect they are buying them for someone under 18 who will use them for intoxication. Always ask for proof of age before you sell. If you do sell contrary to the above, you could be fined 5,000. You could also get up to 6 months in prison. Test Purchasing Trading Standards conduct Test Purchasing operations. This is where Spray paints Spray paint can only legally be sold to persons aged 16 or older. Do not sell to adults who you think may be buying on behalf of under 16s. Always ask for proof of age before you sell. If you do sell to someone under 16, you could be fined school children attempt to buy glues or solvents from retailers. The children behave as a normal customer and are supervised by Trading Standards Officers. Trading Standards must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow. Enforcement The law relating to the sale of glues and solvents to persons under the age of 18 is enforced by Trading Standards. Where glues and solvents are sold to an underage person, both the person who sold the products and the retailer can be held responsible. Formal action may be taken where there is a sale of glues and solvents to a person under 18. This may include a tape recorded interview under caution followed by prosecution.

17 Age restricted sales Butane Lighter Refills The law covering the sale of butane lighter refills is the Cigarette Lighter Refill (Safety) Regulations This makes it an offence to sell lighter refills containing butane to any person under 18 years of age. Staff should be aware of selling butane lighter refills as abuse of lighter refills accounts for more than one death a week among year olds in the UK. Over half of these deaths are caused by butane cigarette lighter refills which are so strong they can be lethal the first time children abuse them. The youngest death from abuse of lighter refills was a 9 year old boy in It is an offence to supply a cigarette lighter refill canister containing butane, or a substance with butane as a constituent part, to any person under the age of 18. If you do sell contrary to the above, you could be fined up to 5,000 and get up to six months in prison. Enforcement The law relating to the sale of butane lighter refill canisters to persons under the age of 18 is enforced by Trading Standards. Where cigarette lighter refills containing butane are sold to an underage person, both the person who sold the product and the retailer can be held responsible. Formal action may be taken where there is a sale of cigarette lighter refills containing butane to a person under 18. This may include a tape recorded interview under caution followed by prosecution. Test purchasing Trading Standards conduct Test Purchasing operations. This is where school children attempt to buy butane lighter refills from retailers. The children behave as a normal customer and are supervised by Trading Standards Officers. Trading Standards must follow strict guidelines to ensure the tests are fair. If a sale takes place legal proceedings may follow.

18 Age restricted sales DVDs and Computer Games The law governing the sale of DVDs and Video Games is the Video Recordings Act This Act covers the Supply of DVDs and video games - which includes the sale and hiring of such items. DVDs All DVDs must be submitted to the British Board of Film Classification, who will either give the DVD a certificate or refuse classification. A DVD is classified with regard to all the material on it. This means that extras and trailers for other films would be considered in the overall classification. DVDs that are designed for educational use, or concern only sport, religion or music, are exempt from classification. Video games Currently, the law exempts most video games from being caught by an age restriction. This is the case unless they contain scenes of a violent or sexual nature. Some producers of video games display an E to show that they are exempt, but this is not a legal requirement. PEGI Rating PEGI or Pan-European Games Information System aims to protect children who play video games using a voluntary European wide age rating system. The PEGI system can be found on the vast majority of video games but is not currently legally enforceable. PEGI Rating symbols If you are unsure as to whether the video games you are selling are age restricted or not please contact Trading Standards Categories of Video Recording Certificates Video recording certificates are issued by the British Board of Film Classification (BBFC). The certificate forms the basis of the age restriction. The symbol showing the classification is found on the packaging and the actual discs themselves. The symbols are found on both DVDs and video games.

19 What does the symbol mean? Universal Suitable for all Parental Guidance General viewing, but some scenes may be unsuitable for young children 12 Suitable for persons of 12 years and over 15 Suitable for persons of 15 years and over 18 Suitable for persons of 18 years and over R18 Restricted To be supplied only in licensed sex shops to persons of not less than 18 years. Labelling Requirements The Disc must have the appropriate symbol on one face of the disc (double sided discs must have the letters 'UK' before the classification letter). The Case must have the appropriate symbol on its front and spine, (unless the dimensions of the spine is less than 2cm, in which case on the front only), and a label that includes the symbol and an explanatory statement on the reverse side. Staff Advice Staff is of great importance in reducing the number of sales of DVDs and classified video games to underage persons. Regular refresher of staff is encouraged and a record of this should be kept see section. All Staff should be reminded of the following:! it is illegal to sell or hire a DVD or Classified Video Game to a person who is under the age specified in the classification! it is illegal to sell or hire a DVD or Classified Video Game without the required labelling on the disc and its case! it is illegal to supply an 'R 18' DVD, other than in a licensed sex shop! if you are unsure of the customer's age, ask to see some identification in the form of a passport, photo card driving licence or a PASS accredited ID card! if you are still unsure or the customer cannot produce a valid form of identification, refuse the sale and record the refusal in the refusals log

20 Age restricted sales Lottery tickets and scratchcards The law governing the sale of lottery tickets and scratch cards is the National Lottery etc Act 1993 (as amended). The minimum age for buying lottery tickets or scratch cards is 16. The Lottery Regulations 1994 require anyone selling lottery tickets or scratch cards to be over the age of 16. Police and Trading Standards are working together to provide local traders with advice and information in order to ensure compliance with the law. Staff Advice Staff is of great importance in reducing the number of sales of lottery tickets and scratch cards to underage persons. Regular refresher of staff is encouraged and a record of this should be kept see section. All Staff should be reminded that it is illegal to sell the following to a person under the age of 16:! Lottery Tickets (Lotto)! National Lottery Scratch Cards If you are unsure as to whether the customer is 16 you should ask for proof of age e.g Passport, Photocard Driving Licence or PASS accredited ID card. If you are still unsure, refuse the sale and record it in the refusals log. It is also illegal for persons under the age of 16 to sell lottery tickets and scratch cards. You should ensure that all your staff are over the age of 16 if being asked to sell such items. Test Purchasing: Operation Child This is a unique test purchasing programme run by Camelot to support retailers in ensuring they remain vigilant to combat the issue of under-16 sales. Camelot uses test purchasers aged 16 to 18(by law Camelot cannot use under 16s), but who have the appearance of someone under 16, to buy National Lottery products. Camelot undertakes at least 9000 visits per year. If on three separate test purchase visits a retailer fails to implement the safeguards and sells a lottery ticket or scratch card to a test purchaser, despite additional and advice, then the retailer's terminal will be removed and their agreement to sell lottery tickets is terminated. If you would like further information from Camelot their address is: Camelot Group Plc Tolpits Lane, Watford, Hertfordshire WD18 9RN Tel:

21 Enforcement The maximum penalty for selling a lottery ticket or scratch card to a person under the age of 16 is up to 2 years imprisonment and an unlimited fine. If you are unsure as to any aspect of the law and what is required in order to comply with it, please contact Trading Standards (see contacts page). In addition it is likely that the National Lottery organisation, Camelot, will remove the terminal from your shop. Trading Standards provides advice and education to traders and consumers, including parents, teachers and young people in order to prevent sales of lottery tickets and scratch cards.

22 HOW TO PREVENT UNDER

23 NAM E : l O B How to prevent underage sales Challenge 25 Challenge 25 is a policy which helps to deal with the difficulty of assessing the age of a customer who wants to purchase an age restricted product. Put simply, if a customer appears to be under 25 they must prove they are over the legal age to purchase the product and produce an approved form of age identification. Adopting a Challenge 25 scheme would mean that you are much less likely to make an illegal sale to someone who is underage. Challenge 25 works best if customers know about it. Clear and unobstructed signage informing customers of the policy in operation and the age restrictions on products should be prominently displayed at:! all entry points to the premises,! adjacent to the products, and! all points of sale. Using the Challenge 25 approach also makes it easier to ask for identification without causing offence. Simply asking a customer their age or if they are old enough, is not sufficient as it is likely that most children in this situation would lie. Always challenge for age identification. N.B Trading Standards Institute, Local Authority Co-ordinators of Regulatory Services, Association of Chief Police Officers and Lincolnshire County Council all support the Challenge 25 scheme, as best practice for retailers. We would advise, however, that Challenge 21 and Challenge 30 are still acceptable. Acceptable Age Identification The only acceptable forms of proof of age are: PASSaccredited proof of age cards Passport Photo Driving Licence Under 25? Please be prepared to show proof of age when buying alcohol Lincolnshire COUNTY COUNCIL Name: ANDREW WILSON Date of Birth: 28th Jan 1985 Prove I t! Knives, tobacco, alcohol, solvents, fireworks, 18 rated videos & computer games Spray paint, petrol, lottery tickets 15 rated videos & computer games 12 rated videos & computer games Lincolnshire COUNTY COUNCIL If you re too young to buy then don t try Cair e Spencer DATE F IRTH: 1 8 th Febr u ary on We need proof of your age These posters are included in your pack - please display them near your point of sale.

24 How to prevent underage sales Points to Note Beware of Fake ID Cards Fake proof of age and identity cards are freely available through novelty shops and the internet. Before accepting any ID, you and your staff should check that there is the following list on the ID card: ldate of birth lfull name la passport standard photograph lan image of the holders signature la PASS hologram unless photo driver licence or passport USE OF FAKE IDENTIFICATION SHOULD BE REPORTED TO YOUR LOCAL POLICE CONTACT. Till prompts In a shop selling lots of different things, it is easy to go on 'auto pilot' simply scanning items without actually considering what they are. If an EPOS (electronic point of sale) system is used, a prompt system can be incorporated so that when an age restricted product is scanned, the till will alert the operator and make them consider both the product and the customer's age. If it is not possible to have a till prompt, posters or stickers showing age limits, displayed around the till point, will act as a useful reminder. It may be advisable to individually label some products such as butane cigarette lighter refills. Internet Sales If you are selling on the Internet or via a catalogue, introduce a system which aims to prevent sales of age-restricted products. Include a tick box asking the consumer to confirm that they are of an appropriate age for that product. This could be accompanied by an explanatory paragraph outlining that it is an offence to sell the product to those under a certain age. The sale should not be able to proceed without the box being ticked. You should also use an Interactive Age Check service and insist on delivering the goods to the person named on the buyer's card. An Interactive Age Check scheme allows companies to authenticate the age and identity of someone within 24 hours. Various schemes are available. Lincolnshire COUNTY COUNCIL Refusing a sale If you believe a customer is underage you should refuse the sale and record the incident in the Refusals Log book included with this pack. Age Restricted Sales REFUSALS LOG

25 COUNTY COUNCIL How to prevent underage sales Proxy Purchasing Proxy purchasing is where a person, over the legal age, buys an age restricted product on behalf of a child. For example, when an underage person approaches an adult to buy alcohol on their behalf and the adult tries to comply with their request. This could be an older brother or sister or a stranger they approach outside your premise. In the case of alcohol, it is a criminal offence for the adult buying the alcohol, as well as the person that sold the alcohol, if they knew or suspected it was being bought on behalf of an underage person. Aside from a criminal record, they both could receive a fixed penalty notice or a 5,000 fine. What you can do! Be vigilant - if you suspect a proxy purchase, refuse the sale! Record any refused sales in your Refusals Log (included with this pack)! Make sure your staff are aware of the issue of proxy purchasing and the consequences! Display the proxy purchasing posters included in this pack at the entrance to your shop and at the point of sale! Retain CCTV footage and liaise with local Police Hints to spot proxy purchasing! Be aware of groups of youths congregating outside the store and/or approaching members of the public who enter the store! Where an adult customer asks for the same age restricted product which you have just refused to sell to an underage person! If an adult customer pays separately for an age restricted product and keeps the change separate It i s a crime to b uy alcohol o n behalf of under 18s You could receive an 80 on-the-spot fine or end up in court and be fined up to 5,000 Lincolnshire CCTV This poster is included in your pack - please display it near your point of sale. As well as helping to prevent and detect crime, CCTV can be a useful tool to combat underage sales. Footage of suspected proxy purchasers can be retained, shown to other staff and passed to the Police where necessary. Footage of suspected proxy purchasers could also be shared with your local Police contacts. You could also periodically review footage and observe staff to ensure they are refusing sales of age restricted products to underage customers. If you are carrying out such checks, you will want to be able to prove that you have done so. Make a record of any checks made from your CCTV records as well as any action taken.

26 How to prevent underage sales Instant Age Calculator If any customer produces ID showing their date of birth, you can use the handy table below will help you check their age. First look up the year of their date of birth in the left hand column and follow the answers across to the corresponding column for this current year. If the month of the customer s date of birth is before today s date, use the older of the two ages shown. If the month of the customer s date of birth is after today s date, use the younger of the two ages. Year of birth shown on ID Current Year: 2010 Current Year: 2011 Current Year: 2012 Current Year: or or or or or or or or or or or or or or or or or or or or or or or or or or or or 18

27 TRAINING

28 How to prevent underage sales Training Full should be provided to all staff (including door supervisors) when commencing employment with regard to the law relating to age restricted sales. Training should be ongoing and updated on a regular basis. We recommend refresher should be given every 4 to 6 months. This practice would be applicable to any person working in a premise, whether paid or unpaid, family members etc where age restricted sales occur. You should check that an employee understands the and monitor them to ensure that they are following your instructions. Some staff may lack confidence in asking for proof of age, so you may need to satisfy yourself that those employees have the skills needed to refuse a sale. Training and instructions given to all employees should be documented and retained. Employees should sign and date records to say that they understand the provided. This will allow you to keep a check on who has received and prove that it has been provided. A record is supplied in this pack for you to use. Records detailing the provided should be kept and produced on request, Age restricted sales Staff log Date Person receiving Person providing Employee signature to an officer of a Responsible Authority. We recommend that records are retained on the premises for a minimum of 2 years. Training should include the following:! What an age restricted product is! Checking that all staff read and understand your age verification policy! Making sure your employees understand how difficult it is to accurately judge young people's ages and instruct them to use the 'Challenge policy (i.e 21/25/30) and ask for accredited age ID! What accredited age ID is! Understanding the implications of proxy purchasing! What could happen if they sell an age restricted product illegally! How to record refused sales of age restricted products in your refusal booklet! How to deal with difficult customers! Use of till prompts Training record sheets are included in this pack

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39 Age restricted sales Staff log Date Person receiving Person providing Employee signature

40 Age restricted sales Staff log Date Person receiving Person providing Employee signature

41 Contacts The following organisations can provide further help and advice on Age Restricted Sales... Lincolnshire Trading Standards Tel: Fax: Web: Lincolnshire Police Police Headquarters PO Box 999, Lincoln LN5 7PH Tel: Web: Divisional Licensing West Tel: / Divisional Licensing East Tel: Divisional Licensing South Tel: District Council Licensing Authority Contacts South Kesteven District Council Licensing Team Council Offices St Peter's Hill, Grantham NG31 6PZ Web: Tel: Fax: Lincoln City Council City Hall, Beaumont Fee Lincoln LN1 1DD Web: Tel: North Kesteven District Council The Licensing Team, Kesteven Street Sleaford NG34 7EF Web: Tel: Fax: West Lindsey District Council Guildhall, Marshall's Yard Gainsborough DN21 2NA Web: Tel: East Lindsey District Council Licensing Team,Tedder Hall, Manby Park Louth LN11 8UP Web: Tel: Fax: South Holland District Council Food Safety and Licensing Team Council Offices, Priory Road Spalding PE11 2XE Web: Tel: Boston Borough Council Licensing Section, Municipal Buidlings West Street, Boston PE21 8QR Web: Tel: Challenge 25 posters Can be obtained from Lincolnshire Trading Standards or The Wine and Sprit Trade Association:

42 Citizen Card CitizenCard, 36 Bromells Road London SW4 0BG Web: PASS Scheme Director/Administrator of the PASS Scheme Kate Winstanley 117 Powder Mill Lane Twickenham TW2 6EG Tel: Web: Validate VALIDATE UK Ltd, Main House Bishop's Yard, Main Street Corbridge, Northumberland NE45 5LA Tel: Web: Home Office Identity Cards Application pack can be obtained by calling: National Lottery Camelot Group PLC Tolpits Lane, Watford, Herts WD18 9RN tel: web: Department for Culture Media and Sport 2-4 Cockspur Street London SW1Y 5DH Tel: Web: Department of Business, Innovation & Skills (BIS) Ministerial Correspondence Unit Department for Business, Enterprise & Regulatory Reform 1 Victoria Street, London SW1H 0ET Tel: Fax: Minicom: Web: Home Office Direct Communications Unit 2 Marsham Street, London SW1P 4DF Tel: Fax: Minicom: public.enquiries@homeoffice.gsi.gov.uk British Board of Film Classification 3 Soho Square, London W1D 3HD Tel: Fax: Web: contact_the_bbfc@bbfc.co.uk UK SOLVIT Centre Action Single Market Bay 4123, 1 Victoria Street London SW1H 0ET Tel: /2833 Fax: Phoenix Stop Smoking Service The Phoenix service is a countywide service to help people over 16 who wish to stop smoking. They also have specialist workplace advisors who can come into businesses to offer support and guidance. Tel: National Association of Cigarette Machine Operators (NACMO) Tel: Contact: Mr Paul Mair Please note that this number is solely for queries about the association itself. It does not deal with issues regarding repair of existing machinery. Smoke Free Lincs Alliance Web: Europa This is a website through which you can access a portal of the European Union. It provides up-to date coverage of Europeweb Web: Lincolnshire Alcohol Treatment Services Web: 24 hour referral line: