Tobacco Vending Machines - A Guide for Businesses

Young people say they often use vending machines to obtain cigarettes, recent proposals are considering if they should be banned or token/card operated.

1. Tobacco advertising on machines

The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 strictly control the amount of advertising permitted where tobacco products are sold, which includes vending machines.

The regulations state that where it is not possible to see the products inside a vending machine, only one picture of each of the available products within the machine may be displayed. The picture may be a maximum of the actual packet size and must also show one of the health warnings below, which must occupy no less than 30% of the area of the packet and be surrounded by a black border 3-4mm in width. There can be no other advertisement for tobacco products. The prices of each product may also be given.  

Where it is possible to see the product within the machine, an A5 advertisement is permitted, however 30% of the advert must show one of the health warnings ‘Smoking Kills’ or ‘Smoking seriously harms you and other around you’

The picture on the right is an example of a machine which is prohibited (The brand name has been removed for legal reasons):

2. Notice required on machines:

All machines must display a warning notice which states;

The sign must be 60mm x 100mm and the characters 6mm high.

It is an offence not to display this warning notice and both the owner of the machine or the premises may be liable to a maximum fine of £1000.

Notices can be obtained from your vending machine provider, tobacco distributor, or the National Association of Cigarette Machine Operators, 2 Waymills Industrial Estate, Whitchurch, Shropshire SY13 1TT Tel: 01948 664850 Fax: 01948 663671.

3. Siting of machines

It is an offence to sell cigarettes to a child under 18 years of age from a cigarette vending machine. Furthermore when such a sale occurs the owner of the machine, or the proprietor of the premises where the machine is kept, may be ordered by the courts to take such precautions to prevent the machine being used by under aged children, or if necessary, to remove the machine. Failure to comply with such an order may result in criminal proceedings.

From time to time Trading Standards Officers check compliance with the law by using underage test purchasers. 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.

You may need to contact the vending machine owner in order to obtain their permission or assistance in repositioning vending machines.

4. Compliance Checklist

In order to ensure you, as the owner of the premises, has complete control over the vending machine, it is advisable to take the following precautions and get all staff to read this and keep a record of who has done so:

• Ensure the vending machine displays the required statutory notice as shown above.

• Position the machine in a bar area, or where it can be seen by staff  at all times. When the premises is crowded how easy is it to see who is using it?  Machines in a lobby, corridor or entrance area, are very difficult to supervise.

• Some premises switch the machines off until a customer requests to purchase cigarettes, this interaction enables a judgement of age and checks to be made if necessary.

• Ask for photographic proof of age if there is any doubt about the age of a purchaser. Think 21 is commonly used, so unless you believe the person is over 21, ask for A Passport, Photo Driving Licence or a proof of age card bearing the PASS logo. These are all acceptable forms of age identification. An information leaflet on proof of age cards is available on request.

• Provide bar staff with instructions and training on monitoring sales from vending machines and on what to do if a child attempts a purchase, to ensure that no illegal sales take place.

This factsheet is provided to ensure that you have taken sufficient precautions to help to minimise opportunities for persons under 18 years old buying cigarettes from vending machines, as this is often an easier option than buying them from a shop.

This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. For further assistance on this or any other Trading Standards legislation, please contact your nearest office. We will be pleased to offer this information in larger print or translated into any language on request.

Hampshire County Council
Trading Standards Service
Montgomery House
Monarch Way
Winchester
Hampshire
SO22 5PW

Tel: 01962 833620
Email: underage.sales@hants.gov.uk

B/bus/192/001 Oct 2008