ACS

ACS (the Association of Convenience Stores) has expressed concern at Government proposals to introduce an on-the-spot £80 fine, which could potentially hit local shops from 26th January.

The Government has enacted a new power to present shop staff that sell tobacco to under-18s with the fine.

ACS is not defending irresponsible retailers. ACS has been consistent in its support for the use of appropriate deterrents. Rather, ACS is seeking to delay for at least three months to the first date from which Police will be advised to begin issuing fines so that people can be informed of the new penalty that they face for the offence.

The new penalty will surprise people working in shops, as Government has enacted the penalty without any apparent consultation outside Westminster, nor has it thought to communicate the planned introduction of the fine to retailers.

As well as seeking a sensible delay, ACS is calling for guidance to be developed alongside that relating to banning orders to ensure the effective, consistent and credible use of penalties. ACS further advocates communication to retailers and staff to be developed with trade bodies and unions aimed at ensuring clarity about the rights, responsibilities and expectations of all parties.

ACS Chief Executive James Lowman said: “We are extremely concerned that this new penalty which could be used against people working in shops from the end of this month has been introduced without reference to the industry. It is tantamount to introducing a penalty by stealth and is totally unacceptable.

“We have today written to Jack Straw, Secretary of State for Justice, calling for a delay in the use of the penalties. This is vital to ensure that retailers and staff understand that they are likely to be faced with this new penalty for selling tobacco to people under-18.

“We are very clear that we do not condone irresponsible retailers and we strongly advocate the use of appropriate deterrents. However this new penalty is likely to dramatically change enforcement practice as it has with similar alcohol offences. We have to understand the implications before they are widely used.”

ACS is meeting with the Department of Health next week and will be raising its concerns.