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Underage sales

We are committed, as a council, to reducing underage sales and have a proactive approach to stop sales of age restricted products to children.
Whilst maintaining a robust and fair enforcement policy against those traders who disregard their responsibilities, we also are keen to work with traders who want to comply, providing them with advice and information.
We also use intelligence gathered from the local community and others to identify areas where these illegal sales may be taking place and sometimes individual businesses. These areas/businesses can then be included in one of test purchase exercises using young  volunteers. If you are interested in learning more about how you can help in this area then please register your interest by e-mailing us at trading.standards@peterborough.gov.uk 

If you sell...

 

alcohol • Alcohol
It is illegal to sell alcohol to anyone under the age of 18 years. It is also illegal to buy alcohol if you are under 18. It is illegal for an adult to buy alcohol from a retailer with the intention of passing it on to a person under 18

 

 

cigarette

• Cigarettes (and tobacco products)
It is illegal to sell cigarettes and tobacco to a person under 18. Also, cigarettes must be sold in their original packaging - the sale of single cigarettes is forbidden

 

 

firework• Fireworks
It is illegal for a trader to supply fireworks to anyone under 18 - the exceptions to this are those items classified as suitable for persons aged 16 and over, such as caps, cracker snaps, novelty matches, party poppers and throwdowns. All other fireworks are classed as Adult Fireworks and may only be sold to over 18’s. Any fireworks sold must be sold in their original packaging, which will show the warnings about the firework.

 

 


• Knivesknife
Items such as knives, blades, razors, axes and any other product that contains a blade or sharp point (which can be adapted to cause an injury) can be used as an offensive weapon - It is illegal to sell these items to a person under 18.

 

 

 

solvents

• Solvents and Lighter Refills
It is illegal to supply a substance to anyone under 18, or a person acting on behalf of someone under 18 (if the trader knows or has reasonable cause to believe that the substance, or its fumes, are likely to be inhaled by the person to achieve intoxication). Solvents include, butane gas, lighter fuels, solvent based glues and adhesives, aerosols, nail varnish remover, anti-freeze and correction fluid.

 

 

 

 

 

• DVD’s/Videos/ Computer Games bbfc
It is illegal for a trader to supply a person who has not attained the age of 18 with a film that is a 18 rated film or game. (It is an offence to supply a film or game with a 12 or 15 rating to a person who has not attained that age)

 

• Tattoos

• Crossbows


 ...you must be sure someone is 18 years of age or older before selling to them.
 


* Lottery Tickets;
* Aerosol Paints;
* Petroleum
* Poisons
* Liqueur Chocolates
 . . . are age 16

 

If you have any doubt about the age of anyone wanting to buy any of these items, ask them for proof of age.

If you sell an age restricted product to someone under age then you could face a large fine or even a prison sentence—at the very least you may receive a fixed penalty. This applies to the business, but also to the person who makes the sale. If you have an alcohol licence, you may end up losing it.

 

Think 21

Think 21 means that if you think someone looks under 21 then ask for proof of age. Some retailers are now using age 25 as a guide—anyone who looks 25 or under gets asked to prove their age. This extra caution ensures that you don’t supply to someone under 18 by mistake.

Proof of age
Where you ask for proof of age, it is important that you only accept legitimate identification.
Legitimate ID includes:

• PASS-approved identification card,
• driving licence, or
• a passport.

Proxy Sales
If you think that an adult is buying alcohol or tobacco products for someone under 18, then refuse to sell to them and contact the Trading Standards Service for advice. Anyone who buys alcohol for a person under 18 may be committing an offence by doing so.
Defences

If you do commit an offence by selling to someone under-age, some legislation allows you to defend yourself if you are able show that you took all reasonable precautions and exercised all due diligence to avoid committing the offence.
When you refuse to sell because someone looks under 21 (or 25) and can’t provide proof of their age, then make a note of this in a Refusals Book. This record will show that you have taken precautions against selling to those under 18 * and help you satisfy a defence should you need to do so.
If you own the business and one of your staff sells to someone under-age, then you could still commit an offence. It is therefore important that you train your staff about under-age selling, make sure they understand that training, and keep a record of the training you have given them.
 
Age-restricted products - a consumer's guide
There are strict laws prohibiting the sale of certain items e.g. alcohol, tobacco and fireworks to young people as they are considered to present real risks to their health or welfare.
It is illegal for age restricted goods to be sold to those who are below the specified age limit. A business or individual seller can be fined or prosecuted and may lose their livelihood for making an illegal sale.


Why do I need to be concerned?
Ignoring the risks of using restricted products under age can lead to:
• Long term health problems from tobacco and solvent abuse
• Serious injury or death from fireworks and solvents
• Being drawn into criminal or anti-social behaviour from alcohol, solvent abuse and gambling
• Educational under-achievement from alcohol and solvent abuse
 
For further information go to : Citizen_card or Portman_Group

 

Back to think 21

 

 

For further information please contact our trading standards team.