It’s hard to judge the age of a young person. Can you tell which of these young
people is over 18? Have a go, you’ve got just a few seconds. And just to make it
more interesting if you get this wrong you could have to pay out thousands of
pounds, you could lose your job, even go to prison. You can’t tell how old
someone is just by looking.
Interesting game, but if that was real and your job depended on you making the
right decision, you’ve got no room for error. And just as a matter of interest none
of them are 18.
Around 1 million people work in pubs, clubs, retail outlets and businesses which
sell age restricted goods such as alcohol, tobacco, knives, videos, fireworks,
solvents, lottery tickets and spray paints. Every day they have to make decisions
about who they can legally serve. It’s no game. The stakes are high.
If you were the sales assistant who makes an illegal sale (“Hi” “Alright”) you are
the person who will be held responsible. The consequences of getting it wrong
could cost you your job, a fine and possibly imprisonment. (“That’s £3.16
please”) And for your business the effects could be even more devastating:
prosecution and loss of licence.
Officers of Trading Standards are constantly alert to possible infringements of
the law.
“Hello”
“Hi”
“I’m from the Trading Standards Department. Are you in the shop on your own
at the moment?”
“I am, yeah”
“Ok”
If you sell alcohol to a person under 18 you can be heavily fined. If you are the
licensee you and your premises could lose your licence, face prosecution and a
fine.
“I got caught, a Trading Standards bloke came in.”
“Well I didn’t realise I could get into so much trouble actually.”
“I’ve lost my job, I’ve got a criminal record.”
“I think I’m going have to go to court.”
You just can’t tell how old they are anymore.
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“The bloke who owns the shop lost his licence.”
Reducing the sales of underage products to young people has become a big
political issue. For Trading Standards who enforce the law it’s a major priority.
Under 16s are now drinking more than they did 10 years ago. Alcohol related
crime and antisocial behaviour are on the increase. More young people die from
solvent abuse than illegal drugs. Fireworks injure large numbers of people every
year. Knife attacks are becoming more commonplace and the number of young
people smoking is continuing to grow.
Trading Standards and the Police are there to enforce the law, but they are also
there to help you. This package contains everything you’ll need to understand
the law and help you prevent the sale of age restricted products by showing you
some clear and simple measures which can easily be put into practice.
This film comes with training materials and information to help you adopt best
practice when dealing with age restricted products.
It is illegal to sell cigarettes or any other tobacco products to any person under
18. You could face a large fine.
But first another little quiz. How well do you know the law? Which of the
following are age restricted products? Cigarette papers, solvents, chocolate
liqueurs, knives, scratch cards, DVDs, videos and video games, sparklers, lighters
and matches, spray paint. The answer is that they are all age restricted products,
except for lighters and matches which are not but we recommend that you have
a policy of not selling to under 16s.
Next, how old do you need to be to legally buy the following? Alcohol, fireworks,
solvents, cigarettes and tobacco, lottery tickets, knives, spray paints. And the
answer is: you must be over 18 to buy alcohol, fireworks, cigarettes, tobacco,
knives and solvents, and over 16 to buy lottery tickets and spray paints.
You can find full lists and details of restricted items on the DVD and in the
accompanying literature. Penalties for making illegal sales are also detailed. To
avoid any confusion about age limits and items covered by current legislation all
staff whether new, temporary, part time or returning to work need to be given
regular training before they are involved in the sale of these products. After all,
they as well as you will be responsible and liable if the law is broken.
It’s not just the obvious things like alcohol and tobacco products which may be
abused. Gas lighter refills may seem a harmless item but they are the biggest
individual killer when it comes to solvent abuse.
It is illegal to supply adult fireworks to a person under the age of 18.
Once you know the law, the next stage is to enforce it. We suggest that to make
your life easier you have a simple, clear policy for everyone.
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“Can I have a vodka and coke?”
“Do you have any ID?”
Many businesses now have policies asking anyone they believe to be under 21 to
prove their age. It gives staff one rule for all products and less room for error. If
the customer has no proof, refuse the sale.
If they look under 21 ask for proof of age. No proof of age, no sale.
“The point at which you’d ask somebody for ID is if the person coming into your
store trying to buy alcohol did not appear to be of the age of 21. If you can
clearly state that you feel that that person is 21 then by all means you make the
sale, but if for any reason or you have any doubt over the way they look, their
size, their height, what they’re wearing, a rucksack or something like that; if
there’s any reason, then that triggers the ID.”
Trading Standards and the Police recommend that if someone looks under the
age of 21 ask for proof of age. And only accept proof of age with a date of birth
and a photo. Birth certificates and National Insurance cards are not
recommended as they don’t have a photo and can be passed between friends.
Passports, photo driving licences, and proof of age cards with a PASS logo can be
issued before a person is 18 so remember to check the date of birth. To avoid
any confusion it’s best to have a clear policy on which forms of proof of age staff
can accept; passports, photo driving licences, PASS accredited proof of age cards.
There are a lot of bogus IDs out there that can be bought from the internet so
here are five steps to help you check the cards are legitimate.
Firstly, only accept cards with the PASS logo. It’s a 3D hologram. Make sure it
hasn’t been stuck on and is flush with the plastic. Second, check the photograph
of the person. Ask them to remove their hood, sunglasses, or helmet if you can’t
see them properly. Third, calculate their age by looking at their date of birth.
Fourth, make sure the card has not been tampered with in any way. And finally,
check the person. If you are unsure about their age remember it is your legal
responsibility to refuse to sell.
“The main problem we have is with youths approaching adults to purchase
either cigarettes or alcohol for them outside the shop or maybe around the
corner. Obviously if the adult comes in and purchases the cigarettes it is a legal
sale and then after leaving the store then passes the cigarettes onto the youths
standing casing the area, around the corner
“Hiya”
“Good morning”
“Can I have 20 Malboro Lights please”
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“I’m sorry, I think……”
We had a case where we had a problem where an older person has come in to try
and buy a product for a younger, for someone that’s underage and of course we
always refuse them.
“Ok, bye”
“What often happens is they’re actually buying products they’re not familiar
with. So they don’t quite know what the name of it is. Youngsters tend to drink
the sort of products that older people don’t, such as alcopops and things like that
and so the older person may not really know what they are.”
The refusals register is important. It shows you are being careful and can act as a
deterrent to young people attempting to buy without proof of age. Most
managers and licensees cannot monitor each and every sale that is made by their
staff. However, by regularly checking the refusals register it is possible for you
to check whether training has been effective or might need to be updated. For
example: does a particular staff member regularly refuse cigarettes but never
alcohol.
If you sell any knife, axe or non-cartridge razor blade to a person under 18 you
can be fined and/or imprisoned.
There are occasions when those trying to buy underage goods will attempt to
intimidate staff. It’s essential that businesses have adequate training and backup
for their staff to handle these situations.
“We had some kids in here who looked under 21”
“The 4 pack please”
“Can I see your ID?”
“Er no. Do you have any ID?”
“I’ve got something”
“I asked for proof of age, the card didn’t have a PASS hologram” (“I’m sorry that’s
not a valid ID”). “It was the shop’s policy, I showed them the signs and they
started getting abusive. I told them politely I could not sell to them (“I have to
call my supervisor”). So I stepped back and called over my supervisor.”
So, to recap. Only accept a valid proof of age with a photo. Be polite, but firm and
confident, and use direct eye contact. Keep calm and don’t get into an argument
or any confrontation. One of the reasons why it is so useful to have clear signs up
is so that in these situations staff can point to them and explain that they’re not
allowed to sell without proof of age. If you are at all worried call another
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member of staff and if the situation escalates call the Police. Don’t take any risks.
Finally remember to record details in the refusal register.
It is illegal to supply any product containing solvents “likely to be inhaled for the
purposes of intoxication” to any person under 18. You can be heavily fined
and/or imprisoned.
“Hiya”
Trading Standards Officers are expected to ensure that the law is followed and to
carry out test purchases of age restricted products using underage children.
“That’s £2.89 please”
Most retailers take these matters very seriously but there are those who do not
comply.
“Oh you’ve got a sale. How many shop assistants were there?”
“Just one”
“And what did they look like?”
“It was a female and she had sort of brown curly hair”
“Ok I’ll go and speak to her”
“Hello”
“Hi”
“I’m from the Trading Standards Department, there’s my identification”
The consequences for the business and the person making the illegal sale are
serious.
“You’ve just sold this bottle of Lambrini wine to a 15 year old girl”
The business could face prosecution and lose its licence.
“We’re doing a test purchase operation and you have just sold it to a 15 year old
girl. So if I could just ask is it ok if I just shut the shop for a moment and then I’m
going to have to ask you some questions under caution”
The sales assistant could face a heavy fine and/or a prison sentence and a
criminal record which would affect them for the rest of their lives.
“I’m just going to clarify for you it was an offence I believe to have been
committed under the Licensing Act when this alcohol was sold. I’m going to
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caution you now. You do not have to say anything. But it may harm your defence
if you do not mention when questioned something you later rely on in court.”
“You have pleaded guilty to an offence of selling alcohol to a person under the
age of 18 years. The maximum fine for such an offence is £5000. We accept from
what your solicitor has told us that the offence was committed negligently. Had
you intentionally sold alcohol to an underage person or turned a blind eye to
their age whilst suspecting they were not old enough to purchase alcohol an even
heavier penalty would have been imposed. For this offence, taking into account
your ability to pay, you will be fined £534. This would have been £800 had you
not pleaded guilty. How do you wish to pay?”
Make sure all staff are aware of the law and are properly trained on how to ask
for proof of age and refuse a sale. Make sure that the premises has adequate
signage to ensure that people know that you will not sell to people underage.
“Hello, do you have a saver card?”
“No, I don’t”
“Are you over 18?”
“Yeah”
“Do you have any ID?”
“No I don’t, I left it in the car”
“I’m afraid I won’t be able to sell it to you. Sorry”
Make sure there is backup for staff and log all refusals.
“Barbara, I need the refusal sales book please”
There is a simple safe policy. If they look under 21 always ask for proof of age
and if you are still in doubt, refuse the sale.
Trading Standards are there to enforce the law but also there to help you. If you
need any advice contact your local Trading Standards office.
And remember you can’t tell how old someone is just by looking.
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