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Age Restricted Sales

It is illegal to sell certain products below specified age limits. The majority of age restricted product legislation is enforced by the Police or Trading Standards. There are harsh financial and custodial penalties which can be applied for not complying with such laws, most of which are "strict liability" meaning that there is no requirement to show "guilty knowledge" in order to prove an offence has been committed.

The Core age restricted products are listed below:

Age 12, 15, 18

Video Recordings and DVD's

Age 16 and Over

Liquor Chocolates
Lottery Tickets and Scratchcards
Party Poppers and Caps
Petrol

Age 17 and over

Crossbows

Age 18 and over

Alcohol
Butane Gas Lighter Fuel
Cigarettes and Tobacco
Fireworks (excluding Party Poppers)
Intoxicating Substances (Solvents)
Offensive Weapons (including Knives)

(Both the Manager / Owner of the business and the employee (s), who sells an age-restricted product (s), may be liable to prosecution for an illegal sale).

Alcohol

It is an offence to sell or knowingly allow the sale of intoxicating liquor to a person under the age of 18. This is a joint enforcement function of Trading Standards and the Police. Currently Trading Standards enforce sales of alcohol from off-licenses.

Butane Gas Lighter Fuel

It is an offence to sell any cigarette lighter refill canister containing butane or a substance with butane as a constituent part, to a person under the age of 18.

The Cigarette Lighter Refill (Safety) Regulations 1999

Consumer Protection Act 1987

Volatile Substances

It is an offence for a retailer to supply any volatile substance (glue, solvents, aerosols etc) to a person under 18 years of age if it is known that, or there is reasonable cause to believe that, it is likely to be abused by that person.

Intoxicating Substances (Supply) Act 1985

Fireworks

It is an offence to sell fireworks to anyone under the age of 18. Party Poppers and fireworks designed for indoor use must not be sold to anyone under the age of 16.

Cigarettes and Tobacco Products:

It is an offence to sell Tobacco products (including snuff, tobacco substitutes, pipes and cigarette papers) to anyone under the age of 18. It is also an offence to sell loose cigarettes to adults or children and to sell pre-packed cigarettes in quantities of less than ten. In addition retailers selling cigarettes and tobacco products must display, in close proximity to the cigarette sale area, a notice (A3 size) stating "It is illegal to sell tobacco products to anyone under the age of 18." (The wording must occupy at least 30% of the notice area).

Children and Young Persons (Protection from Tobacco) Act 1991

Children's Act 1933

Lottery Sales inc. scratch cards, spot the ball, and football pools

Should not be sold to under 16's.

Video Recordings

It is an offence to supply a video recording to a person who has not reached the specified age applicable to the video.

Video Recordings Act 1984

At all times remember

An offence may be committed by the seller (employer) and the business owner)
Different products have different age restrictions
Do challenge the age of every young person
Do demand proof of age: No Card - No Sale
Do not rely on looks alone
Do exercise your right not to sell
If in any doubt do not sell
Do introduce a due diligence procedure
Seek advice if in doubt about any aspect of the law or these guidance notes

Note: only the courses can interpret statutory legislation with any authority. The advice in this site is based on information to hand and is subject to revision in the light of further information. The advice is not intended to be a definitive guide to, or a substitute for, the relevant law. Independent legal advice should be sought where appropriate.

Due diligence defence

Whilst it will always be the duty of the seller to ensure age-restricted products are sold legally, UK legislation provides defence provisions for strict liability offences. These provisions recognise that in some cases traders will do all they reasonably can to comply with the law yet still commit the offence. To prove a defence a trader must show that they:

Took all reasonable steps AND exercised all due diligence to avoid the commission of the offence.

The following guidance provides advice on the steps traders should take when implementing procedures which may enable them to claim a due diligence defence. Depending on the size of your business you may decide to adopt some, all or none of these precautions; however case law has indicated that it is very rarely a defence to do nothing. Should you need further advice on what be considered reasonable for your individual business this may be obtained by contacting the Department.

Note: From 1st December 2001 Licensing law states that a defence may only be made out where a person takes all reasonable steps to establish another persons age adding that "a person shall be treated as having taken all reasonable steps to establish another persons age if he asks the other person for evidence of his age" (see proof of age below).

Age Restricted Sales - Model Due Diligence Defence

Implement a Company Policy

This could detail to whom and in what circumstances a customer will/will not be served (eg only on production of proof of age).

Adopt written procedures

These may be detailed or brief but should be brought to the attention of all employees dealing with age-restricted product sales (eg before selling to a person suspected of being under age refer to other / senior staff for advice).

Staff Training

You have a responsibility to ensure your employees are fully aware of the legal requirements relating to age-restricted sales. Training should be documented and must cover the following points:

1. Knowledge of the law

2. Awareness of the company policies and procedures

3. Guidance on how to assess age

4. Advice on handling refusals

Training must be given to all new starters and refreshers given to all staff on a periodic basis. Any changes to legislation/new developments in combating sales (eg introduction of proof of age schemes) must also be covered. As part of your procedures you should ensure that employees sign a declaration sheet that they have received training and understood the legal requirements imposed upon them and your business.

Notices

Statutory notices must always be displayed prominently. Additional notices may also be displayed to deter potential underage purchasers and to act as a reminder to employees.

Refusals Log

This enables a trader to demonstrate to an enforcement body that refusals do occur. It is also enables an owner/manager to monitor refusals by individual employees. A history of refusals acts as evidence that the business is attempting to comply with the law and all employees are actively considering it's requirements whenever a sale is attempted.

Over Stickering / Till Prompts

Both identify to employees that the product is age-restricted and enable them to positively consider their response to the attempted purchase.

Staff Audits

Dependent on the size of the organisation employees should be audited in some manner to ensure continued compliance with the legislation. This may be simply by observation or asking relevant questions to ensure continued understanding. In larger companies audits may include conducting your own test purchase exercises.

Proof of age

There is currently (December 2001) no National Proof of Age Card in existence. However there are a number of Nationally recognised cards including the Citizens Card, the Portman Card and the Validate Card. All give an indication of a purchaser's age and have the potential to reduce the problem of age restricted sales considerably.

Other acceptable proof of age would include a passport or a photo card driving license both of which contain a photograph of the bearer.

Whatever Proof of Age is accepted employees must always check to ensure it relates to the person attempting the sale and that they are of the correct age to make the purchase. It is not acceptable to task for Proof of Age and then not verify either the photograph or the age of the person because it has been produced across a counter or that the store is busy.

For further help and advice you can write to us at:

Portsmouth City Council, Directorate of Environment & Transport, Environment & Public Protection Service, Civic Offices, Guildhall Square, Portsmouth, PO1 2PQ

Telephone: 023 9284 1295 (City Help Desk)

Fax: 023 9284 1256

Email: trading.standards@portsmouthcc.gov.uk