Trading Standards. A pack of information for suppliers of age restricted products to prevent illegal sales DEC 2010 SAF 30/3

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1 Trading Standards A pack of information for suppliers of age restricted products to prevent illegal sales

2 Dear Retailer, This pack details all areas of the law in relation to underage sales, which may affect you. Some of the sections may not be of relevance to you, if you do not sell the products involved. We would suggest that you and your staff and any new member of staff read the pack to remind yourselves of the rules governing age restricted sales. It may not always be easy to refuse to sell products to persons who you may suspect are underage, but we hope that the information contained in this pack may help you to do this. We have included Information Sheets to help you, these can be made available in other languages. Please contact the appropriate number below for further details. If you have any further questions or need to seek further guidance, please contact your local Trading Standards office: Trading Standards tel:

3 Underage Sales We are working towards reducing the number of underage sales and associated anti-social behaviour by a partnership of Norfolk County Council Trading Standards, Norfolk Constabulary and Norfolk Fire and Rescue Service. We will continue to support: A positive campaign, of which this pack is an essential part, to raise retailers awareness of the law and to suggest ways staff can be supported in dealing with difficult customers. Test purchases at premises which are identified by complaints and or referrals from partner agencies or by a programme of inspections. Possible formal action of persistent offenders. Support reliable and credible proof of age scheme(s) i.e.those marked with the PASS hologram logo. Work with specialist agencies working with young people delivering preventative educational material. Challenge 25 Policies - challenging all individuals for appropriate identification who look 25 and under.

4 No ID No Sale Challenge 25 Norfolk County Council Trading Standards Service, in partnership with other agencies, recommends a Challenge 25 policy. This is to encourage retailers to challenge anybody who looks under 25 for proof of age. The previous Think 21 policy proved a fairly effective tool to tackle underage sales, however with sales to minors still found to be occurring and the personal consequences of illegal sales for the shop staff now including on-the-spot fines, retail employees requested a scheme which better supports their needs and further reduces the risk of error when selling age restricted products. Two major national supermarkets, who are members of the Retail of Alcohol Standards Group (RASG), trialled the Challenge 25 scheme in selected stores in 2009 and conducted an evaluation of those trials. The results showed that staff found it easier thinking about whether a customer seemed 25 rather than 21 and thus happier requesting proof of age at the higher age limit. Customers were also supportive of the change and stores failed fewer test purchases as a result. As more and more retailers adopt the Challenge 25 scheme, a culture is created among consumers who are now coming to expect that if they are fortunate to look under 25 they will be required to show proof of age. As a retailer of age-restricted products you have a responsibility to your community and to protect children from harm. The Challenge 25 policy ensures that only people who can prove they are old enough can buy alcohol, tobacco, solvents, fireworks, lottery tickets, DVDs and knives. Challenge 25 exists not only to protect children, but also the communities you serve and to protect yourself from possible prosecution. Trading Standards are asking all retailers in Norfolk to adopt this scheme as a standard across the County.

5 What we are doing Trading Standards are committed to working to reduce the supply of age-restricted products such as alcohol, tobacco, solvents and fireworks to underage people. We are working with all retailers of age restricted products to help them to be more aware of the range of products, their responsibilities and the consequences of selling these products to underage customers, which is why we have produced this pack. We mount regular test purchasing operations to identify retailers who sell to underage people. If a sale occurs, then the retailer concerned faces the prospect of court action and licence review. Retailers and staff members can be fined up to 5000 for selling age restricted products to underage people, and in some instances can lose their licence to sell alcohol. If you have any information on shops that are selling age restricted products to children then contact us on Advice for Retailers How do I know how old a person actually is? The only way you can be sure of a young person s age is to ask them to produce proof. Acceptable proof of age documents includes: Passports Photographic Driving Licence Proof of age cards containing the PASS hologram. (Pass Logo) The British Retail Consortium working with representatives from the licensed trade and other organisations have produced a set of standards criteria for quality of proof of age cards. These are marked with the PASS (Proof of Age Standards Scheme) hologram logo. This then informs licensees and other retailers that it is a reliable and credible means of proof of age. If a proof of age card cannot be produced, you should ask for a photographic driving licence or passport. If you are in any doubt do not make the sale, as you may be committing an offence. The law says that as a seller, you must be able to show that you and your staff have taken all reasonable precautions and exercised all due diligence to avoid selling age restricted goods to anyone under the specified age. You should train all your staff to request proof of age if they are in any doubt and we recommend that a record is kept when sales are refused. Make sure that all staff who serve customers are aware of the age limits for the products you sell. Having a notice in the shop will inform customers of the age limits and act as a reminder to staff.

6 Trading Standards Legislation prohibits the sale of certain products to persons under certain ages, they are as follows. Product Age restriction Maximum Penalty Alcohol 18 and over 5,000 and licence review Fireworks 18 and over 5,000 and up to 6 months imprisonment Gun Caps, Party Poppers, 16 and over 5,000 and up to 6 months Throwdowns, Novelty imprisonment Matches etc. Tobacco Products 18 and over 2,500 Offensive Weapons / Knives 18 and over 5,000 and up to 6 months imprisonment DVDs, Blu-rays, Video & Computer Games classification age and over classification age and over classification age and over 5,000 and up to 6 months imprisonment Volatile Substances / Solvents 18 and over 5,000 and up to 6 months imprisonment Lighter Refills containing Butane 18 and over 5,000 and up to 6 months imprisonment Lottery Tickets / Scratch Cards 16 and over 5,000 and up to 2 years imprisonment Remember You commit an offence if you sell these restricted products to anybody underage.

7 Alcohol Information Sheet Please read this sheet and get your staff to sign It is illegal to sell alcohol to anyone under 18. It is illegal to sell liqueur chocolates to anyone under the age of 16. Staff under the age of 18 must not sell alcohol without knowledge of the sale by the licensee or other responsible person over 18. If you are not sure that the customer is 18 (alcohol) or 16 (liqueur chocolates) ask for proof of age. If you are still not sure, refuse the sale. It is an offence to supply alcohol to an adult who is buying on behalf of a juvenile. All premises which sell alcohol must have a licence. The licence must affix to the licensed premises a notice in a conspicuous place stating their name and the word Licensed followed by what the premises are licensed for. It is illegal for anyone under the age of 18 to attempt to purchase alcohol. Remember you commit an offence If your shop does not have a licence to sell alcohol and you sell alcohol. If you break the law and sell alcohol to a person under 18 or liqueur chocolates to a child under 16. If you sell alcohol to a person under 18 your liquor licence may be at risk. If a member of your staff who is under 18 sells alcohol without your knowledge or the knowledge of a responsible person over 18.

8 Information Sheet Please read this sheet and get your staff to sign Signature Date Position held

9 Information Sheet Please read this sheet and get your staff to sign Cigarettes and Tobacco Products It is illegal to sell cigarettes or any other tobacco product to anyone under 18. If you are not sure that the customer is over the age of 18, ask for proof of age. If you are still not sure, refuse the sale. Remember, that the law forbids all tobacco sales to children. If a child says they re for my mum that makes no difference, even if it is true. It is illegal to break a pack and sell cigarettes from it to anyone, adult or child. Make sure the warning on the packet is in English. Make sure the A3 warning notice it is illegal to sell tobacco products to anyone under the age of 18 can be seen clearly at all times. Cigarette vending machines must have on them the warning this vending machine is only for the use of people aged 18 or over. Users of vending machines should be monitored to ensure no under 18 s are buying cigarettes. Remember you commit an offence If you break the law and sell tobacco products to a child under 18. If you sell unpackaged cigarettes. If you do not display the warning notice or the vending machine sign so they can be easily seen.

10 Information Sheet Signature Date Position held

11 Information Sheet Please read this sheet and get your staff to sign Solvents and Lighter Refills It is illegal to sell substances to persons under 18, if you know or think that the substance or its fumes are likely to be inhaled for the purpose of getting high. It is also an offence to sell substances which you think will be sniffed, to persons acting on behalf of someone who is under 18. It is an offence to sell gas lighter refills to anyone under 18. If you are not sure that the customer is over the age of 18, ask for proof of age. If you are still unsure, refuse the sale. If you suspect that an older person is buying on behalf of someone under 18, to inhale, refuse the sale. The law does not give a list of possible substances which may be inhaled - it is up to you to decide whether a particular young person is going to abuse the product. The main products which are misused to get high are butane gas, certain types of glues, correction fluids and many types of aerosol sprays. Remember you commit an offence If you break the law and sell gas lighter refills to anyone under 18. If you sell sniffable substances to anyone under 18, or someone acting on their behalf, if you know or think they will be used for getting high. Signature Date Position held

12 Information Sheet Please read this sheet and get your staff to sign Signature Date Position held

13 Information Sheet Please read this sheet and get your staff to sign Fireworks It is an offence to sell to fireworks to anyone under 18. If you are not sure that the customer is over the age of 18 ask for proof of age. If you are still unsure, refuse the sale. It is an offence to sell caps, party poppers, throwdowns, novelty matches etc. to anyone under 16. You must be registered with the Fire Brigade to keep fireworks in your shop. All fireworks must be stored and displayed for sale in a safe and secure manner. Remember you commit an offence If you sell fireworks to someone under 18. If you split boxes or packets of fireworks. If you sell caps, party poppers, throwdowns, novelty matches etc. to someone under 16. Signature Date Position held

14 Information Sheet Please read this sheet and get your staff to sign Knives It is an offence to sell to any person under 18 any knife, or similar item, which is made or adapted for use for causing injury to a person. If you are not sure that the customer is over the age of 18 ask for proof of age. If you are still unsure, refuse the sale. It is an offence to market a knife in such a way that suggests it is suitable for combat or otherwise encourage behaviour involving the use of the knife as a weapon. It is an offence to sell any flick knife. Remember you commit an offence If you sell a knife to an under 18 which is made or adapted for causing injury. If you market a knife which suggests it could be used as a weapon. If you sell a flick knife. Signature Date Position held

15 Information Sheet Please read this sheet and get your staff to sign DVDs and Blu-rays This legislation refers to these types of media as video recordings It is illegal to supply a video recording to a person who has not attained the age specified in the classification. It is illegal to supply a video recording without the required labelling on it and its case. If you are not sure of the customer s age, ask for proof of age. It is illegal to supply an R18 video recording other than in an licensed sex shop. Categories of video recording certificates are as follows: U Universal - suitable for all Uc Universal - particularly suitable for young children PG Parental Guidance - general viewing, but some scenes may be unsuitable for young children 12 Suitable only for persons of 12 years and over Not suitable to be supplied to any person below that age 15 Suitable only for persons of 15 years and over Not suitable to be supplied to any person below that age 18 Suitable only for persons of 18 years and over Not suitable to be supplied to any person below that age R18 Restricted - to be supplied only in licensed sex shops to persons of not less than 18 years. Remember you commit an offence If you supply a video recording to someone who is underage. If you supply a video recording that is not correctly labelled. If you supply an R18 video recording unless the supply is from a licensed sex shop.

16 Information Sheet Please read this sheet and get your staff to sign Signature Date Position held

17 Information Sheet Please read this sheet and get your staff to sign Lottery Tickets and Scratch Cards It is illegal to sell lottery tickets to someone under 16. It is illegal to sell scratch cards to someone under 16. If you are not sure that the customer is over the age of 16, ask for proof of age. If you are still not sure, refuse the sale. It is illegal for members of staff under 16 to sell lottery tickets or scratch cards. Remember you commit an offence If you sell a lottery ticket or scratch card to someone under 16. If a member of your staff under 16 sells lottery tickets or scratch cards. Signature Date Position held

18 Advice To Staff Underage Sales If the customer becomes Angry Stay Calm If Necessary, Call a Manager/Supervisor for Help Do Not Get Involved in an Argument with the Customer Apologise for the Inconvenience Explain the Legal Issue Be Understanding Log the Refusal

19 No ID No Sale We regret that without appropriate proof of age we may be unable to serve you. We can only accept: Proof of age cards with the PASS hologram Passport Photo-Driving Licence If you have any information on illegal sales or activities contact Trading Standards for more information Tel:

20 If you need this advice sheet in large print, audio, braille, alternative format or in a different language please contact Trading Stanards on and we will do our best to help. Trading Standards tel: Norfolk County Council Trading Standards Service County Hall Martineau Lane Norwich NR1 2UD