Under-age Sales

What is the current law?

Loose cigarettes

It is illegal to sell loose cigarettes, they must be sold in their original packaging of 10, 20 or 25 with the required health warnings. The maximum fine for sellling loose cigarettes is £1,000.

Warning signs

All tobacco retailers to display prominent warning signs which state: 'It is illegal to sell tobacco products to anyone under the age of 18'. These must be at least A3 in size with lettering not less than 36mm high and displayed in a prominent position clearly visible to customers and staff at the point of sale. If you fail to display a warning notice, it means you could be fined up to £1,000 (Notices can be obtained from Hampshire Trading Standards, your tobacco distributor, the Department of Health, or the Tobacco Advisory Council).

Vending Machines

The law also applies to cigarette vending machines. The machine could be removed if used by under 18s. All machines must display a warning notice which says; 'This machine is only for the use of people aged 18 or over'. The sign must be 60mm x 100mm and the characters 6mm high. Vending machine notices can also be obtained from the National Association of Cigarette Machine Operators, 2 Waymills Industrial Estate, Whitchurch, Shropshire SY13 1TT Tel: 01948 664850 Fax: 01948 663671. To prevent use by under 18's, machines should be in a position where sales can be supervised, not in a lobby or corridor out of view.

Establishing age

You cannot claim in your defence that the person buying tobacco products 'looked' over 18. If they are in fact under 18 an offence is committed. Nor can you say that your staff were ignorant of the law. The rule is, if in any doubt about age, do not sell.

Precautions and Diligence

It is a defence if you can show you took 'all reasonable precautions and exercised all due diligence' to avoid committing an offence. This means having a system of control and making sure that it operates properly. What is 'reasonable' will depend on the size of the business and the number of staff employed. The following are recommended:

Display the notices and regularly check them
Ensure your staff are adequately trained and reminded on the law and how to deal with under age requests Records of training should be kept. New and young staff may need closer supervision. If they ask for a date of birth, hesitant or delayed responses should alert them. Staff can be prosecuted for selling as well as the owner of the business and they should be aware of this.
Most businesses adopt a policy of 'No ID, No Sale'. You will need to provide guidance on what proof of age cards are acceptable, and how to check them.
A 'refused sales log' will provide evidence that youngsters are being turned away.
Staff will need support if they are refusing sales.

Proof of Age Cards

There are several ways youngsters can prove their age, the following are reliable:

A Passport (www.ukpa.gov.uk)
A Photo Driving Licence (www.dvla.gov.uk) or Local Post Office
A Citizencard Tel: 01782 741982 (www.citizencard.net)
A 'Prove it' Portman Card Tel: 01782 741968 (www.portman-group.org.uk)
A Validate Card 0800 3896549 (www.validateuk.co.uk)

Test Purchases by Youngsters

The Hampshire Trading Standards Services regularly uses children to check that retailers are complying with the law, following strict good practice guidelines. On average just under 1 in 10 retailers make illegal sales to these youngsters, and most cases end up in court because not enough has been done to prevent the sale.

Information on Underage Sales

Textman stamping out Big Cig Hampshire Trading Standards are actively seeking information as to which shops are selling to youngsters. This information is valuable and will be acted on. Phone the hotline on 01962 833620, email underage.sales@hants.gov.uk or text HANTS UNDERAGE with details to 60003.

Other local Trading Standards Websites:

Thanks to Hampshire County Council Regulatory Services for the information on these pages.