Under-age sales
The following gives an outline of offences that can be committed by retailers and/or their staff in regard to under-age sales:
ALCOHOL
A person commits an offence if he sells alcohol to an individual aged under 18.
(Sect. 146 Licensing Act 2003).
On summary conviction the penalty is a fine not exceeding level 5 on the standard scale.
Note: It is a defence to the charge to prove that:
a. it was believed the individual was aged 18 or over
and
b. the individual was asked for evidence of age and the evidence would have convinced a reasonable person OR nobody could reasonably have suspected from the individual’s appearance that he was aged under 18.
The “due diligence defence” is available to retailers whose staff have committed an offence despite full training and appropriate systems being in place.
ACS RECOMMENDS A STRICT “NO I.D. NO SALE” and “CHALLENGE 25” POLICY.
Prevention material and further advice can be obtained from ACS on 01252 515001.
A person who works in a capacity which authorises him to prevent sales commits an offence if he knowingly allows the sale of alcohol to an individual aged under 18.
(sect. 147)
On summary conviction the penalty is a fine not exceeding level 5 on the standard scale.
The holder or holders of the relevant premises licence will be guilty of an offence if alcohol is sold from those premises, on two or more occasions, within a three month period, to a person aged under 18.
(Section 147A - as amended by the Policing and Crime Act 2009)
Note: The offence does not require any actual knowledge on the part of the holder or holders of the licence that two unlawful sales within three months have occurred.
The purpose of the offence is to make licence holders accountable for failing to implement proper systems for the supervision of alcohol sales from the licenced premises.
Regulations provide that as an alternative to prosecution for persistent selling to persons under 18 the enforcement authority can invite the licence holders to accept a period of “closure” of the premises for the purpose of alcohol sales for a period of up to 48 hours.
A person commits an offence if he sells liqueur confectionery to an individual aged under 16.
(Section 148)
On summary conviction the penalty is a fine not exceeding level 2 on the standard scale.
Note: It is a defence to the charge to prove that:
a. it was believed the individual was aged 16 or over
and
b. the individual was asked for evidence of age and the evidence would have convinced a reasonable person OR nobody could reasonably have suspected from the individual’s appearance that he was aged under 16.
The “due diligence defence” is available to retailers whose staff have committed an offence despite full training and appropriate systems being in place.
“Liqueur confectionery” has the meaning given in sect. 191(2)
CIGARETTES AND OTHER TOBACCO PRODUCTS
From 1st October 2007 it is illegal to sell tobacco products to any person under the age of 18 years
( Sect. 7 of the Children and Young Persons Act 1933 - as amended by Order under the Health Act 2006 )
Note : It is not an offence for a person under the age of 18 to buy cigarettes. The offence is committed by selling cigarettes or other tobacco products to a person under that age.
Note also: There is no minimum age at which a person can sell tobacco products. For example it is not an offence for a 15 year old to sell cigarettes to an 18 year old. However, if a case arose of under age selling then the retailer might have a very difficult task to show that he had exercised all due diligence in allowing a young person to effect the sale in the first place.
Since 1 April 2009 Tobacco Banning Orders are in force and retailers responsible for three under-age sales in a two year period could be issued with a banning order for up to a year. Trading Standards are able to apply to the magistrates courts for two types of order:
- Restricted Premises Order (RPOs) – served on premises where three under-age sales of tobacco products have taken place in a two year period. It bans the sale of tobacco products from those premises for up to one year.
- Restricted Sales Order (RSOs) – served on individuals and preventing them from supervising the sale of tobacco products or selling such products to themselves.
Full guidance for members can be found at www.acs.org.uk/en/lobbying/issues/tobacco
FIREWORKS
It is illegal to sell fireworks to any person under the age of 18 years.
( Fireworks Regulations 2004 )
The maximum penalty for committing the offence is a fine of £5000 or 6 months imprisonment.
Note: It is also illegal to split retail boxes for the purpose of sale.
KNIVES
It is illegal to sell to any person under the age of 18 years :
a. any knife, knife blade or razor blade
b. any axe or
c. any article which has a blade or which is sharply pointed and which is made or adapted for use for causing injury to the person.
(Offensive Weapons Act 1996 - as amended)
If convicted of an offence the penalty can be a term of imprisonment not exceeding 6 months and/or a fine not exceeding level 5 on the standard scale.
Note: It is not an offence to sell a folding pocket knife with a blade of less than 3 inches (7.62 cm) to someone under 18 or a razor blade permanently held in a cartridge or similar housing.
LOTTERY TICKETS
Staff must not:
1. sell (or otherwise supply) a Ticket to any person who they know or ought reasonably to know is likely to resell (or sell) the Ticket to any other person
2. permit Tickets to be sold (or otherwise supplied) by a person under 16 years of age.
3. sell (or otherwise supply) a Ticket to any person under 16 years of age.
4. pay a prize to any person under 16 years of age.
5. breach any prize winners privacy.
It is important to note that Camelot's Retailer Agreement provides that they may use "covert mystery test shoppers" for audit and/or investigation purposes.
(The National Lottery Act 1993 (as amended))
PETROL
It is an offence to sell petrol to under 16 year olds and, if for possible intoxication, to under 18 year olds
If convicted the penalty can be a fine of up to £5000 and/or 6 months imprisonment.
Note: Businesses storing petroleum spirit must hold a licence issued by the Local Authority and comply with stringent safety rules. It is likely to be a condition of the licence that anyone in charge of a petrol station must be at least 18 and anyone dispensing petrol or operating a petrol dispensing system must be at least 16.
(Petroleum (Consolidation) Act 1928)
SOLVENTS AND LIGHTER REFILLS
It is a criminal offence:
a. to supply or offer to supply an intoxicating substance to a person who you know, or have reasonable cause to believe, is under the age of 18 years and if you know, or have reasonable cause to believe, that the substance is to be used for intoxication and
b. to supply, or offer to supply an intoxicating substance to a person who you know, or have reasonable cause to believe, is acting on behalf of someone under the age of 18 years and you know, or have reasonable cause to believe, that the substance is to be used for intoxication.
Intoxicating substances include:
- solvent based glue
- dry cleaning fluid
- correction fluid and thinner
- marker pens
- aerosols (e.g. deodorant, air fresheners, hair spray, pain relief spray)
- 'cold start' and anti-freeze
- nail varnish and varnish remover
The list is not exhaustive and there are many more products open to abuse.
No person shall supply any cigarette lighter refill canister containing butane or a substance with butane as a constituent part to any person under the age of 18 years".
A person convicted of any of the above offences is liable to a fine and/or a term of imprisonment.
(Intoxicating Substances (Supply) Act 1985 and the Cigarette Lighter Refill ( Safety) Regulations 1999)
SPRAY PAINTS
It is an offence to sell aerosol spray paints to anyone under the age of 16 years
(Anti-social behaviour Act 2003)
VIDEO TAPES AND DVDs
It is a criminal offence to supply an age restricted video or DVD to anyone below the age specified in certain classification categories (for details of these categories click on Video Recordings Acts 1984 and 1993.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation
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