Underage Sales

Underage Sales Retailer Pack

No ID image

The Facts

The Underage Sales Retailer Pack is distributed to all Retailers in Hampshire that sell age-restricted products.

Our intention is to provide up to date information and advice in this area. It is designed to support and complement any training by the retailer that is already in place.

The pack contains a questionnaire which retailers can use to test staff knowledge. On returning the questionnaires to Trading Standards, there is an opportunity to receive a certificate showing that the retailer is committed to reducing underage sales.

Why is it illegal to sell or hire certain age-restricted products to young people?

To protect young people and the community from their harmful affects. Effective under-age sales prevention can help make Hampshire safer and more secure for all, maximise wellbeing and enhance our quality of place. Research has shown that the longer young people are prevented from starting a habit the better their chance of not becoming addicted in later life.

This table shows the products affected and the ages related to those products.

Product Legal Minimum Age
Tobacco Products 18
Fireworks 18
Videos, DVDs and Computer Games
12 Classification
15 Classification
18 Classification

12
15
18
Alcohol 18
Lottery tickets and scratch cards 16
Lighter refills containing Butane 18
Solvents and volatile substances 18
Knives and offensive weapons 18
Aerosol paint containers 16
 

Why Have A Good Practice Scheme?


The problem of illegal sales to children is a sensitive issue. Retailers often complain that it is very difficult these days to judge a person’s age correctly.

The problem is a significant one since it is widely acknowledged that children are sold millions of pounds worth of cigarettes, alcohol and other age-restricted goods each year.

A few retailers do not comply with the law and this has received a lot of negative press and publicity. However the vast majority of retailers take the matter very seriously.

This pack is seen as a positive way of raising awareness about the issues for retailers and the public alike. It is also important to reward responsible retailers who demonstrate “good practice”, by refusing to sell to customers who either look under-age or cannot produce proof of age and adhere to the points noted below.

A responsible retailer will:

  • Train till staff and provide regular reminders/refresher training.
  • Adopt a policy not to sell when there is doubt.
  • Display statutory signs and deterrent posters.
  • Always ask for proof of age. “No ID, No Sale”
  • Comply with the spirit and the letter of the law.
  • Work with enforcement agencies and make them aware of suspected sources.
  • Keep a record of refusals.

This training and information pack is to help you and your staff understand the restrictions on a variety of age restricted products.

 

How Can I Meet The Requirements?


Due Diligence Defence


The law makes selling of age restricted products to those under age a criminal offence, with various penalties. Defences to these offences are provided if you can show you exercised all due diligence to avoid committing the offence.

  • Implement a company policy
    This could detail to whom and in what circumstances a customer will/will not be served e.g. only on production of proof of age.

  • Adopt a written procedure
    You may wish to have your own (detailed or brief) but it should be brought to the attention of all employees dealing with age-restricted sales. An example would be that before selling to a person suspected of being under age, refer to other senior staff for advice (if possible).

  • Provide staff training
    You have a responsibility to ensure your employees are aware of the legal requirements relating to age-restricted sales.

  • Notices
    Statutory notices should 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 will demonstrate to any enforcement body that refusals do occur. It also enables you to monitor refusals by individual employees. A history of refusals acts as evidence that your business is attempting to comply with the law.

  • Till stickers/prompts
    Reminds employees that the product is age-restricted and encourages them to consider their response to the attempted purchase.

 

What About My Employees?


You are legally responsible for the actions of your staff so if they sell to an under-age person you could be prosecuted. All staff selling age-restricted products must have an understanding of the law. Training must be given to all new starters and refreshers given to all staff on a periodic basis. Talk to them about proof of age cards and the ones your company will accept and encourage them to take time to look at their customers.

Training should be recorded and must cover the following points.

  • Knowledge of the law
  • Awareness of company policies and procedures
  • Guidance on how to assess age
  • Advice on handling refusals

As part of your procedures you should ensure that employees sign a declaration or pledge sheet, to say that they have received training and understand the legal requirements imposed upon them and your business.

If appropriate there should be a regular staff audit to ensure that they are up to date and continue to understand what is required, you may even wish to do your own test purchase exercise.

 

How Will These Requirements Be Enforced?


Test Purchasing


Trading Standards conduct test-purchase operations on age-restricted products using volunteer children. If a sale is made we will investigate what precautions the retailer took to avoid the sale occurring. Our findings will then influence what further action we will take.

 

Valid Photo-ID

Also accept UK Passports

Citizen Card

Driving licence

Young Scot card

Validate UK card

Portman card

Please Note

Portman 'Prove It' cards are no longer being issued,those that are in date are still valid.

Connexions Card

Please Note:  

Connexions Cards are no longer available.
Existing cards are still in circulation.

 

Retailer Pack - Forms

pdf logo Pdf versions of questionnaire and forms. An Adobe Acrobat Reader plug-in may be required

  1. Training Questionnaire Download Acrobat Reader to view this PDF 152kb

  2. The Pledge Download Acrobat Reader to view this PDF 102kb

  3. Refusals Record Download Acrobat Reader to view this PDF 76kb

  4. Record of Updates to Retailer Pack Download Acrobat Reader to view this PDF 37kb