Tobacco Retailers

You must not sell tobacco products to anyone under the age of 18.



The NHS estimates that 120,000 people die every year from smoking related diseases.

The evidence is that someone who starts smoking at 15 is three times more likely to die from cancer due to smoking, than someone who starts smoking in their mid-20's. The Government target is to reduce smoking among children to 9% or less by 2010.

This advice is designed to help you understand how the law affects you and your business.

Selling Tobacco Products


The Children and Young Persons (Sale of Tobacco etc.) Order 2007 amends previous legislation:

It is an offence to sell tobacco products (which includes cigarette papers), to persons under the age of 18, even from a vending machine on your premises. The maximum fine is £2500.

It is illegal to sell loose cigarettes, they must be sold in their original packaging of 10, 20 or 25 with the required health warnings. The maximum fine for sellling loose cigarettes is £1,000.

You cannot claim in your defence that the person buying tobacco products 'looked' over 18. If they are in fact under 18 an offence is committed. Nor can you say that your staff were ignorant of the law. The rule is, if in any doubt about age, do not sell.

Warning Notices


The law requires all tobacco retailers to display prominent warning signs which state: 'It is illegal to sell tobacco products to anyone under the age of 18'. These must be at least A3 in size with lettering not less than 36mm high and displayed in a prominent position clearly visible to customers and staff at the point of sale. We find retailers frequently fail to replace notices after shop refurbishment.

If you fail to display a warning notice, it means you could be fined up to £1,000.

You may wish to display other notices to deter youngsters from trying to purchase tobacco products and reminders, at the till, for your staff.

Notices can be obtained from Trading Standards, your tobacco distributor or the Department of Health.

Vending Machines


The law also applies to cigarette vending machines. Magistrates have powers to regulate the use of machines or even have them removed if they have reason to believe they have been used by an under 18 year old. All machines must display a warning notice which says; 'This machine is only for the use of people aged 18 or over'. The sign must be 60mm x 100mm and the characters 6mm high.

Vending machine notices can also be obtained from the National Association of Cigarette Machine Operators, 2 Waymills Industrial Estate, Whitchurch, Shropshire SY13 1TT Tel: 01948 664850 Fax: 01948 663671.

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.

Precautions and Diligence


It is a defence if you can show you took 'all reasonable precautions and exercised all due diligence' to avoid committing an offence. This means having a system of control and making sure that it operates properly. What is 'reasonable' will depend on the size of the business and the number of staff employed. The following are recommended:
  • Display the notices and regularly check them
  • Ensure your staff are adequately trained and reminded on the law and how to deal with under age requests Records of training should be kept. New and young staff may need closer supervision. If they ask for a date of birth, hesitant or delayed responses should alert them. Staff can be prosecuted for selling as well as the owner of the business and they should be aware of this.
  • Most businesses adopt a policy of 'No ID, No Sale'. If a person looks under 21 ask them to produce ID to prove that they are 18. You will need to provide guidance on what proof of age cards are acceptable, and how to check them.
  • A 'refused sales log' will provide evidence that youngsters are being turned away.
  • Staff, especially those under 18, will need support if they are refusing sales, and we recommend that staff under 18 are not left unsupervised at the till.

Proof of Age Cards


There are several ways youngsters can prove their age, the following are reliable;
Contact them direct or us if you require further details.

Test Purchases by Youngsters


The Trading Standards Service regularly uses young people to check that retailers are complying with the law. We follow strict good practice guidelines. On average just under 1 in 10 retailers make illegal sales to these youngsters, and most cases end up in court because not enough has been done to prevent the sale.

Duty Paid


Since the 1 July 2000, the law requires that

UK DUTY PAID

is shown on all packets of cigarettes and pouches of hand-rolling tobacco manufactured,or imported, for sale in the UK.

It is a criminal offence to possess, display, sell or deal in products which do not carry a duty paid fiscal mark. It will also be a criminal offence for a manager to sell, or allow the sale on his premises of products which do not carry a duty paid fiscal mark. The maximum penalty for both offences is £5,000.

If you have information concerning the illegal sales of tobacco goods, you can contact your local Customs and Excise office in confidence at the following freepost address:-

Customs Confidential, Freepost, SEA 9391, P.O. Box 100, DA12 2BR

Customs and Excise Free 24 hour Hotline - Tel 0800 59 5000

Other Links


Tobacco Labelling


Bigger, bolder health warnings have been introduced and are now appearing on packs.

Picture of tobacco warning label which states: Smoking seriously harms you and others around you

Picture of tobacco warning label which states: Smoking causes ageing of the skin


Picture Warnings


From 1st October 2008 picture warnings, which highlight the danger of smoking, are to be put on cigarettte packets to try and persuade people to give up.

The graphic images will be shown on other tobacco products from 1st October 2009.

If you know which shops are selling to youngsters phone the hotline 01962 833620, email underage.sales@hants.gov.uk or text to 60003 starting the message HANTS UNDERAGE


Lung imageMouth ImageThroat Image

 

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: rsadvice@hants.gov.uk



B/saf/179/001/Sept 2007