AGE RESTRICTED SALES Retailer Pack -...

B/uas/199/003 May 2009

AGE RESTRICTED SALES

Retailer PackAGE RESTRICTED SALES

Retailer Pack

B/uas/199/004 March 2012B/uas/199/004 March 2012


Retailer Pack

Where Do I Go For Advice And Assistance?

Hampshire County Council Trading Standards can give you specifi c advice, in addition to general assistance and further information. We have a key enforcement role to play in public protection but are also here to offer advice on precautions and diligence to help retailers comply with the laws on age-restricted products.

Trading Standards Service

Montgomery House

Monarch Way, Winchester, Hampshire SO22 5PW

Tel: 01962 833620

Fax: 01962 833699

For more information about the Responsible Retailer Pack or if you know where youngsters can buy age restricted products featured within this folder, please contact Hampshire County Council on 01962 833620 or email [email protected], you can also view this pack online and contact us on www.hants.gov.uk/underagesales

For a copy of this publication in another language or format (e.g. large print or in an audio format) please phone 01962 833620or email: [email protected]

http://www.hants.gov.uk/underagesales

http://www.hants.gov.uk/rh/underage/

http://www.hants.gov.uk/rh/underage/


Retailer PackContents

Age Restricted Sales

Why have a good practice award?

How can I meet the requirements?

What about my employees?

What does a 21 year old look like

Age Perception Guidance

Fake IDs

Examples of Fake ID

Examples of Valid Photo ID

Proxy Sales

Alcohol

Tobacco

Tobacco Advertising and Promotion

Lighter Refi lls Containing Butane Gas and Intoxicating Solvents

Knives and Offensive Weapons

Lottery Tickets and Scratch Cards

Video, DVDs, Computer Games

Fireworks

Aerosol Paint Containers

A Good Practice Scheme for Retailers (Questionnaire)

The Pledge

Refusals Record

Age Calculator

Useful Information, Notices available from us

Designated Premises Supervisor Certifi cate

2

3

4

5

7

10

12

14

16

20

22

24

26

28

30

31

33

35

37

39

1

9

6

8

41


Retailer Pack

1B/uas/199/003 May 2009

Age Restricted Sales - The Facts

To protect young people and the community from their harmful affects. Effective under-age sales prevention can help make Hampshire safer and more secure for all, maximise wellbeing and enhance our quality of place. Research has shown that the longer young people are prevented from starting a habit the better their chance of not becoming addicted in later life.

In Hampshire, working with business, the NHS, the police and district councils, we have been successful in reducing the supply of age-restricted products to young people.

This table shows the products affected and the ages related to those products.

PRODUCT LEGAL MINIMUM AGE

Alcohol 18

Tobacco Products 18

Fireworks 18

Lighter refi lls containing Butane 18

Solvents and volatile substances 18

Knives and Offensive weapons(Jointly enforced by Hampshire Constabulary & Trading Standards)

18

Lottery tickets and scratch cards 16

Aerosol paint Containers 16

Videos, DVDs and Computer Games

12 Classifi cation 12



2


Retailer Pack

Why Have A Good Practice Scheme?

The problem of illegal sales to children is a sensitive issue. Retailers often complain that it is very diffi cult these days to judge a person’s age correctly.

The problem is a signifi cant one since it is widely acknowledged that children are sold millions of pounds worth of cigarettes, alcohol and other age-restricted goods each year.

A few retailers do not comply with the law and this does receive negative publicity. However the vast majority of retailers take the matter very seriously and invest in their staff and procedures.

This pack is seen as a positive way of raising awareness about the issues for retailers and the public alike. It is also important to reward responsible retailers who demonstrate “good practice”, by refusing to sell to customers who either look under-age or cannot produce proof of age and adhere to the points noted below.

This training and information pack is to help you and your staff understand the restrictions on a variety of age restricted products.

The local better regulation offi ces “Age Restricted Products and Services Framework” sets out an agreed set of shared responsibilities and reasonable expectations for young people, parents, businesses, employees and regulators with regard to the supply of age restricted products and services.

http://www.bis.gov.uk/assets/brdo/docs/publications-2011/11-1465-arp-framework.pdf

A responsible retailer will:

• Train till staff and provide regular reminders/refresher training.

• Adopt a policy not to sell when there is doubt.

• Display statutory signs and deterrent posters.

• Always ask for proof of age. “No ID, No Sale”

• Comply with the spirit and the letter of the law.

• Work with enforcement agencies and make them aware of suspected sources.

• Keep a record of refusals.

B/uas/199/005 May 2013

http://www.bis.gov.uk/assets/brdo/docs/publications-2011/11-1465-arp-framework.pdf


Retailer Pack

3B/uas/199/003 May 2009

How Can I Meet The Requirements?

Due Diligence Defence

The law makes selling of age restricted products to those under age a criminal offence, with various penalties. Defences to these offences are provided if you can show you exercised all due diligence to avoid committing the offence.

● Implement a company policy

This could detail to whom and in what circumstances a customer will/will not be served e.g. only on production of proof of age, for example Challenge 21 or 25 scheme or similar.

● Adopt a written procedure

You may wish to have your own (detailed or brief) but it should be brought to the attention of all employees dealing with age-restricted sales. An example would be that before selling to a person suspected of being under age, refer to other senior staff for advice (if possible).

● Provide staff training

You have a responsibility to ensure your employees are aware of the legal requirements relating to age-restricted sales.

● Notices

Statutory notices should always be displayed prominently.

Additional notices may also be displayed to deter potential underage purchasers and to act as a reminder to employees. Please see page 39 for reference.

● Refusals log

This will demonstrate to any enforcement body that refusals do occur. It also enables you to monitor refusals by individual employees. A history of refusals acts as evidence that your business is attempting to comply with the law.

● Till stickers/prompts

Reminds employees that the product is age-restricted and encourages them to consider their response to the attempted purchase.

4


Retailer Pack

B/uas/199/003 May 2009

What About My Employees?

You are legally responsible for the actions of your staff so if they sell to an under-age person you could be prosecuted. All staff selling age-restricted products must have an understanding of the law. Training must be given to all new starters and refreshers given to all staff on a periodic basis. Talk to them about proof of age cards and the ones your company will accept and encourage them to take time to look at their customers.

As part of your procedures you should ensure that employees sign a declaration or pledge sheet, to say that they have received training and understand the legal requirements imposed upon them and your business.

If appropriate there should be a regular staff audit to ensure that they are up to date and continue to understand what is required, you may even wish to do your own test purchase exercise.

How Will These Requirements Be Enforced?

Test Purchasing

Trading Standards conduct test-purchase operations on age-restricted products using volunteer children. If a sale is made we will investigate what precautions the retailer took to avoid the sale occurring. Our fi ndings will then infl uence what further action we will take.

Training should be recorded and must cover the following points

• Knowledge of the law

• Awareness of company policies and procedures

• Guidance on how to assess age

• Advice on handling refusals


Retailer Pack

5

What Does A 25 Year Old Look Like?

A proof of age scheme such as Challenge 21 or Challenge 25 is a subjective test. Whether or not someone appears to be 25 will depend on the person making the decision.

Different things will affect their decision making process. Ask the question “What makes you ask for ID?”

Is it suffi cient for a business to simply instruct staff to ask for ID if they consider the person appears under 25 if they do not provide them with ideas of what to look for?

Examples which may help staff decide to ask for ID.

• Lack of confi dence of the person in front of them

• Over confi dence - “All right mate”/shifty. “It’s her 18th Birthday today, say Happy Birthday”

• Loud

• Failing to look at member of staff/ Evasive

• Staff member unable to fully see their face

• Lots of change

• Strange choice/ mix of alcohol including cases of beer

• Small bottles of spirit with small bottles of soft drinks

• Packs of 10 cigarettes, multiple pack of 10 cigarettes

B/uas/199/004 March 2012

6


Retailer Pack

B/uas/199/003 May 2009

It is important that employees appreciate why age restricted products must not be sold to underage children. As well as the potential health and social consequences of selling such products as discussed in this pack, there is the risk to the seller of several courses of action which can be taken against them personally. Such penalties for a member of staff selling age restricted products (depending on the product) can range from an £80 PND, upto £20,000 fi ne, a custodial sentence or the risk of losing their job as a very minimum. Such a sale by an individual employee will obviously have a knock on effect on the business itself which may include a restricted premises order, fi nes or a risk to the premise licence for an underage alcohol sale.

If alcohol has been sold to someone under 18 years old, it is worth while explaining about the Licence Review procedures and the likely consequences, which may include, additional conditions, a suspension or a revocation which can have a serious effect on the fi nancial viability of the business, that can in turn affect jobs.

Test purchase operations do take place regarding age restricted products to ascertain whether they are being sold and underage volunteers are used. This Service is not out to trick anyone, the reasons why we target premises, are usually a result of specifi c intelligence, general intelligence or anti social related youth disorder in the vicinity.

Age Perception Guidance

They are all under 21. Their actual ages are at the bottom of this page.

© Copyright CitizenCard

From left to right: 19/14/16/20/15

B/uas/199/003 May 2009B/uas/199/003 May 2009


Retailer Pack

B/uas/199/003 May 2009

????

????

????

????

Fake IDs

Why is it important that sales staff are aware of how to identify fake and genuine ID?

What is the point of operating a NO ID No Sale policy if staff cannot identify genuine ID from fake ID?

Is fake or novelty ID a problem in your area?

How can you identify fake or novelty ID?

Read what is actually written on the card. Does it say Driving Licence or Provisional Driving Licence? Or does it say National Identity Card, Driving Permit etc?

Does it say European Identity Card or European Driving Permit?

Is the card too thick or too rigid/Is it too fl exible?

Does it have a swipe bar on the back?

Is the person in front of you the same person in the photograph?

Has the date been altered?

What are the conditions on the alcohol licence about acceptable forms of ID?

National Identity Cards - do they exist? Are they an acceptable form of ID?

What is the problem with non UK ID?

The Licensing Act does place a burden on the sales person to check the age of the person they are selling to is over 18 unless no one would believe that the person was underage. The Act requires them to ask the person for evidence of their age and that evidence should convince or satisfy a reasonable person.

Remember it is important that sales assistants either, take the ID off of the customer and ‘ or take the ID out of any holder so that they can feel it and look at it closely. This also enables them to look closely at the photo on the print. It may also enable them to use a UV or black light to check security measures.

If you don’t know whether or not you have a problem with fake or novelty ID in your area, speak to either your Police Licensing Unit, Neighbourhood Support Teams or equivalent or SIA Door Staff. Also speak to your traders.

Children will often target premises at a time when they know staff will be busy and distracted. For instance Wednesday and Saturday evenings where the premises sells lottery tickets. They may come in as a large group then one or two will enter separately and will attempt to buy the age restricted products. There is the perception that the shop staff will be under pressure with the lottery products and will also be watching the group for shop-lifting etc.

Children may also enter a large premises then split-up and the older amongst the group or the one with ID both fake or genuine will attempt to buy the alcohol.

7

8


Retailer PackExamples of Fake ID

Photo

Photo

Photo

Photo

Photo

Photo

Photo

Photo Photo

Photo

Photo

Photo

Photo

PhotoPhoto

PhotoPhoto Photo

PhotoPhoto

Photo Photo

Photo

Photo

PhotoPhoto

B/uas/199/003 May 2009


Retailer Pack

9

Examples of valid photo-ID

B/uas/199/004 March 2012

Guidance from the Home Offi ce states that Army, Navy and RAF photo ID is also acceptable.

Proxy Sales

What Is A Proxy Sale

As many members of staff employed by businesses live locally within the Community to where the shop is situated, it is important they are aware of the activity of “Proxy Sales” which is basically when third parties adults attempt to purchase age restricted products such as Alcohol, Cigarettes, DVD’s, Fireworks, etc on behalf of an underage person. Such attempts to purchase these products can be spotted and recognised by responsible employees.

Some Easy Ways To Spot Proxy Sales

• Being aware of groups of youth congregating outside the store approaching members of the public who enter the store.

• If members of the public who might have been approached, ask for the same alcohol product, etc which you have just refused to sell to an underage person.

• If the adult pays separately for the product and keeps the change separate.

• If the age restricted product is kept separate from their other shopping.

• If you know your local community and your customers, and the purchase of such an alcoholic product is totally out of character, remind them that it is an offence to “proxy” purchase.

• If the adult re-enters the store just to buy alcohol after they have left.

• Remember, feel empowered you do not have to sell anything to anyone if you are in doubt.

Such Best Practice procedures should be adopted for all age restricted products, however at present it is only an offence for an alcohol proxy sale.

Section 149 of the Licensing Act 2003 makes it an offence for a person to purchase or attempt to purchase alcohol for a child, as where a child gives money to an adult to buy alcohol in an off licence for consumption by the child.

Who Is Responsible For The Sale ?

The person making or attempting to make the purchase (unless by the parent or legal guardian for responsible consumption within the home).

As many employees have children just consider, how would you feel if a stranger provided your son or daughter with alcohol ?


Retailer Pack

10 B/uas/199/003 May 2009


Retailer Pack

11B/uas/199/003 May 2009

12


Retailer Pack

The Facts:

• Although under 18’s cannot legally buy alcohol, a ‘Youth Lifestyles’ survey found that 63% of 16 -17 year olds and 10% of 12 -15 year olds who had drank in the last year usually bought their alcohol themselves.

• Estimates of annual alcohol-related deaths in England and Wales vary from 5,000 to 40,000. This includes deaths from cirrhosis of the liver and other health problems from long-term drinking, deliberate and accidental overdose, traffi c deaths, fatal accidents while drunk etc.

• Long term effects can result in liver damage, stomach cancer and heart disease.

• According to Department of Health statistics 36% of all crimes committed by people under the age of eighteen take place while the perpetrator is under the infl uence of alcohol.

• Young people who begin drinking before the age of 15 are 4 times more likely to develop alcohol dependence than those who start at 21.

Alcohol

What are the restrictions?

It is a criminal offence in the UK to sell intoxicating liquor to persons under 18. If a sale is made to a person under 18, the person buying, the cashier selling, the designated premise supervisor and the owner of the business commit an offence. The retailer’s licence to sell liquor may be at risk.

It is an offence in the UK for any person under the age of 18 to sell intoxicating liquor without direct supervision from a duly authorised person.

It is an offence to supply anyone under 16 with liqueur chocolates.

The maximum penalty for these offences is a fi ne of £5000.

If there are two sales in a 3 month period, a Review of the premise licence may be called and the Local Authority may remove the licence. A closure notice may also be offered in lieu of prosecution.

Web Links

Alcohol Factsheet - www.hants.gov.uk/underagesales-alcohol.htmFor further useful links on this subject please visit the above web address.

Please Note: The above guidance is intended for traders and offers practical advice. It is not a defi nitive statement of the law.

B/uas/199/004 March 2012

www3.hants.gov.uk/underagesales-alcohol.htm


Retailer Pack

13B/uas/199/003 May 2009

14


Retailer Pack

The Facts:

• It is estimated that each year in the UK around 87,000 people die from tobacco related diseases, particularly from cancer, respiratory diseases and heart disease.

• In the UK one person dies from a smoking-related disease every four minutes. (Directgov 23 February 2009.)

• It causes heart disease, lung cancer and many respiratory disorders such as emphysema, chronic bronchitis and bronchial asthma..

• For young people the greatest risk is becoming addicted to the effects of nicotine.

• 450 children try their fi rst cigarette every day in the UK.

• About 80% of children who smoke just 1 cigarette a week will continue to smoke as adults.

Tobacco


The Children and Young Persons Act prohibits the sale of tobacco products (including cigarettes and cigarette papers) to persons under 18. You will also need to display a sign.

Are there additional requirements?

• You must display a clear A3 sign stating:

• Packs must not be split.

• You must sell cigarettes in the original packaging.

Penalties

• You are liable to a fi ne of up to £1,000 for failure to display a sign.

• If you sell cigarettes to any person under the legal age you could face a fi ne of up to £2,500.

• New fi nes for Trader and Individual, inc banning retailer from selling tobacco if persistently sells (3 strike principle) see over page.

Web Links

Tobacco Factsheet - www.hants.gov.uk/underagesales-tobacco.htmASH - Action on Smoking and Health - www.ash.org.ukwww.smokefreehampshire.co.ukFor further useful links on this subject please visit the above web address.


Tobacco

IT IS ILLEGALTO SELL TOBACCO

PRODUCTS TOANYONE UNDERTHE AGE OF 18

B/uas/199/004 March 2012

www.smokefreehampshire.co.uk

www.ash.org.uk

www.hants.gov.uk/underagesales-tobacco.htm


Retailer Pack

15

Increased sanctions for illegal tobacco sales to young people.

The Criminal Justice and Immigration Act 2008

A Local Authority (LA) such as Hampshire County Council may apply to a Magistrates’ Court for a restricted premises order or a restricted sale order or in certain circumstances both to be made.

A restricted premises order means that the retail business at the location where the offences took place is prohibited from selling tobacco products for a period of up to 12 months – to be determined by the court. This means that NO sales of tobacco or tobacco papers may take place from business premises. This does not effect other businesses within the same group or chain. For example where a National Company is the subject of a restrictive premise order, it will apply ONLY to the specifi c location where the illegal sales have taken place.

A restricted sale order means that a named person within a business is prohibited from selling tobacco or from having any management role in any premise relating to tobacco sales within a business for a period of 12 months - to be determined by the court. This means that the business premise may still sell tobacco products but the named individual may not. The order will apply to the named individual regardless of where they are employed.

What triggers a sanction?

Where a person is convicted of a making an illegal sale to a young person under the age of 18 years, AND where, on at least two other occasions within a 2 year period, the person has committed other similar offences (these do not need to have resulted in a conviction) in relation to the particular premises a sanction may be applied for. This may relate to either premises or to a named person.

However, a LA has investigated an illegal sale and taken no further action as a result of that investigation, this will not ‘ count’ as one of the two other occasions within a two year period.

The maximum penalty for this is a fi ne of £20,000.

If you or your business is the subject of a restricted sales/premises order and you sell tobacco or cigarette papers (to anyone) then you commit an offence,

For further information regarding this subject please go to Web Links - www.hants.gov.uk/underagesales-tobacco.htmthen to Further reading tab and click on Increased sanctions for illegal tobacco sales to young people

B/uas/199/004 March 2012

http://www.hants.gov.uk/underagesales-tobacco.htm

16


Retailer Pack

The Tobacco Advertising and Promotion (Display) (England) Regulations 2010

The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

They come into force on the 6th April 2012 for large shops and April 2015 for all others.

Retail business proprietors and managers are responsible for making sure that by the relevant date, all areas in which tobacco products are on sale comply with the new law. Also, that all price lists and price labels for tobacco products are in the required formats

Tobacco products must be stored out of the public sight except in limited circumstances. The size of each temporary display allowed must not exceed 1.5 square metres. It will be illegal to show as well as to sell tobacco products to a customer under the age of 18 who asks to see or buy tobacco.

From the same dates, price lists and price labels for tobacco products must only be displayed in the specifi c formats set out in the new law.

Poster Style Price lists must not exceed A3 size

Picture Price Lists

• is not restricted by size

• Must not be on general or permanent display to customers

• Can only be displayed for as long as is necessary for the customer requesting the information to obtain the information they need.

• May contain colour pictures of each tobacco product as packaged for sale, as long as each picture does not exceed 50 square centimetres in size.

• One copy for each till is allowed

It is not an offence to show a tobacco product to a person aged 18 or over who asks to buy a tobacco product or who has asked for information about a tobacco product. This display is described in the legislation as a “Requested Display”

It is not an offence if other people in the shop (including children) see a tobacco product as a consequence of a “Requested Display”

It is not an offence to display tobacco products when assessing stock levels, actively placing a tobacco product in a storage unit while cleaning, maintaining or the refurbishment of a tobacco storage unit is actively being carried out. In all cases the area of tobacco storage unit on open display must not exceed 1.5 square metres.

It is an offence for tobacco products to be visible while they are being moved around the shop, for example, while being taken from a stock room to the storage unit to restock.

B/uas/199/004 March 2012


Retailer Pack

19B/uas/199/003 May 2009

20


Retailer Pack

‘Intoxicating Solvents’… means solvent based glue, aerosols, dry cleaning fl uid, correction fl uid and thinner, marker pens, ‘cold start’, anti-freeze etc.

Every week at least one person dies from sniffi ng solvents. Over half of the deaths are caused by sniffi ng butane lighter refi lls so the Government introduced a total ban on their sales to under 18’s.

Solvents cause more deaths every year to under 16’s than all hard drugs.Butane is the most commonly misused volatile substance in the UK.

Lighter Refi lls Containing Butane Gas And Intoxicating Solvents


The Cigarette Lighter Refi ll (Safety) Regulations 1999

It is illegal to sell any cigarette lighter refi ll canister containing butane or a substance with butane as a constituent, to a person under the age of 18.

Intoxicating Substances (Supply) Act 1985

It is illegal to sell substances to persons under 18 or to a person buying on behalf of someone under 18, if you know or think that the substance, or its fumes will be inhaled for the purpose of “getting high”.

Special attention should be paid to young persons -

• buying volatile substances and nothing else;

• buying plastic bags at the same time as volatile substances;

• displaying signs similar to drunkenness;

• with spots and sores around mouth and nose

Penalties:

The maximum penalty for selling cigarette lighter fuel, glue, aerosols etc. is up to 6 months imprisonment, or a fi ne of £5,000, or both.

Web Links

The Society for the Prevention of Solvent and Volatile Substance Abuse - www.re-solv.org/


Lighter Refi lls Containing Butane Gas

B/uas/199/003 May 2009

http://www.re-solv.org/


Retailer Pack

21B/uas/199/003 May 2009

22


Retailer Pack

There is a great deal of concern at the private ownership and sale of lethal weapons. A series of measures have been introduced that are designed to curb the use of dangerous knives.

The Police and Trading Standards Services are working together to provide local traders with information to help them comply with these important controls.

Knives And Offensive Weapons

What are the restrictions on the sale of knives and other bladed Items?

The Offensive Weapons Act 1996 amended previous legislation and makes it illegal to sell to children under 18 years old:

• any knife, knife blade or razor blade, or

• any axe, or

• any article that has a blade or which is sharply pointed and which is made or adapted for causing injury to the person.

The prohibition does not apply to:

• a folding pocket knife with a blade of less than 3 inches or 7.62 cm, or

• a razor blade permanently held in a cartridge or similar housing where less than 2mm of the blade is exposed.

Whether a particular article is a knife is a question of fact, but using a wider defi nition this legislation prohibits sales of e.g. sheath knives, kitchen knives, craft knives and carpet knives to persons under the age of 18.

These restrictions are not intended to apply to articles such as scissors or compasses.

Penalties:

The legislation is enforced by the Police and anyone found selling these items to children less than 18 years old risks a maximum fi ne of £5,000 or a term of imprisonment up to six months or both.

Web Links

Knives Factsheet - www.hants.gov.uk/underagesales-knives.htm


Knives And Offensive Weapons

B/uas/199/003 May 2009

http://www.hants.gov.uk/underagesales-knives.htm


Retailer Pack

23B/uas/199/003 May 2009

24


Retailer Pack

Lottery legislation makes it an offence for anyone under the age of 16 to be sold any lottery products.

Lottery operator Camelot is required, by its regulator, The National Lottery Commission, to use its “best endeavours” to prevent underage sales and it cannot pay out a prize to anyone under the age of 16.

A “Retailer Forum” has been set up by Camelot to help identify best practice in preventing sales to minors and launched an education and training programme called “Operation Child”.

Lottery Tickets And Scratch Cards

What are the requirements?

National Lottery, etc. Act 1993

National Lottery Regulations 1994

When a terminal is installed all staff should be trained to ensure they are implementing the necessary safeguards to prevent under-age sales.

No one under the age of 16 should be serving behind the counter selling lottery products.

Camelot issues a retailer handbook detailing the necessary safeguards, a refusal register and relevant point of sale information.

Do not forget to update

Penalties.

Camelot has the right to suspend or terminate their agreement with you if any under age sales occur (regardless of whether or not a prosecution takes place).

On conviction in the Magistrates’ Court a fi ne of up to £5,000 can be imposed.

Unlimited fi nes and/or up to 2 years imprisonment may be imposed by the Crown Court.

Web Links

www.national-lottery.co.uk


Lottery Tickets And Scratch Cards

B/uas/199/003 May 2009

http://www.national-lottery.co.uk


Retailer Pack

25B/uas/199/003 May 2009

26


Retailer Pack

The Video Recordings

It is an offence to supply, or offer to supply, a video recording to any person who has not attained the age specifi ed on the recording. This legislation applies to video fi lms, video games, computer games and DVDs.

Videos, DVDs And Computer Games

It is a defence to show that you neither knew or had reasonable grounds to believe that:

• the classifi cation certifi cate contained the statement in relation to the specifi ed age, or

• the person concerned had not attained the specifi ed age, or

The PEGI Classifi cations are now in force, they are for ages 3, 7, 12, 16+, 18

Videos/DVDs do not have to be classifi ed if:

The material on the video/DVD, taken as a whole is:

✓ Designed to be informative, educational or instructive. ✓ Is concerned with sport, music or religion. ✓ Is a video game

However, if the material depicts, or is designed to stimulate, human sexual activity or violence towards humans or animals then it is not exempt.

Penalties:

There are ranges of penalties contained in the Video Recordings Act. Failure to comply could result in seizure of goods and prosecution.

On conviction for the most serious aspects, e.g., supplying or possessing for supply, unclassifi ed works or supplying to persons under age, the courts may impose a fi ne of up to £20,000, up to 2 years imprisonment or both.

Web LinksVideo Recordings Factsheet - www.videostandards.org.uk


Videos, DVDs And Computer Games

B/uas/199/003 May 2009

http://www.videostandards.org.uk


Retailer Pack

27B/uas/199/003 May 2009

28


Retailer Pack

The Facts:

• Most of the accidents involving fi reworks in a four-week period between October and November, involve youngsters under 18.

• Half of the injuries are to children under 15 years old.

• Sparklers cause more injuries than other fi reworks

Fireworks


• The Fireworks (Safety) Regulations 1997 (as amended) prohibit the supply of fi reworks to a person who is under the age of 18.

• The age limit remains at 16 for caps, cracker snaps, novelty matches, party poppers, serpents and throwdowns.

• All packets of sparklers must be labelled with the following statement:

“Warning: not to be given to children under 5 years of age”

• Fireworks pre-packed in selection boxes or packs must not be split up or sold individually.

• All fi reworks intended for use by the general public must comply with British Standard 7114.

• Do not stock fi reworks unless they are marked, “Complies with BS7114: Part 2 1988”

(or for packs “contents comply with BS 7114: Part 2 1988”)

• You must be registered with trading standards to keep or sell fi reworks in your shop.

• All fi reworks must be stored and displayed for sale in a safe and secure manner. Contact Trading Standards for information on fi rework registration and storage requirements.

How can you comply?Please refer to our general advice on age restricted goods.

You must display an age warning notice to deter any under age people asking for fi reworks (this is statutory).

Penalties:

Failure to comply could result in goods being seized and prosecution. On conviction the courts may impose a fi ne of up to £5,000, or up to 6 months imprisonment or both.

Web LinksFireworks Factsheet - www.hants.gov.uk/underagesales-fireworks.htmDTI - www.hse.gov.uk/explosives/fireworks/


Fireworks

IT IS ILLEGAL TO SELL ADULT FIREWORKS OR SPARKLERS TO ANYONE UNDER THE AGE OF 18

IT IS ILLEGAL FOR ANYONE UNDER THE AGE OF 18 TO POSSESS ADULT

FIREWORKS IN A PUBLIC PLACE.

B/uas/199/003 May 2009

www.hants.gov.uk/underagesales-fireworks.htm

www.hse.gov.uk/explosives/fireworks/


Retailer Pack

29B/uas/199/003 May 2009

30


Retailer Pack

The Facts:

• The sale of spray paints to under 16’s which may be used in acts of graffi ti causes a major blight on the community.

• Graffi ti increases the fear of crime and fosters an environment where crime and anti-social behaviour can thrive.

• Clean-up costs alone can run into millions of pounds a year.

Aerosol Paint Containers


The Anti-Social Behaviour Act 2003

It is an offence to sell an aerosol paint container to a person under the age of 16.

Penalties

The maximum penalty for selling an aerosol paint container to a person under the age of 16 is a

fi ne of £2,500.

Web Links

Aerosol Paints Factsheet - www.hants.gov.uk/underagesales-aerosolpaints.htmHampshire County Council Community Safety Service - www.hants.gov.uk/communitysafety


‘Aerosol paint container’… means a device which contains paint stored under pressure…and is designed to permit the release of the paint as a spray.

B/uas/199/003 May 2009

www.hants.gov.uk/communitysafety

http://www.hants.gov.uk/underagesales-aerosolpaints.htm

B/uas/199/003 May 2009B/uas/199/003 May 2009


Retailer Pack

31

A good practice scheme for Retailers

QUESTIONNAIRE

This questionnaire will help you and your staff to understand the issues relating to age restricted sales.

Can a person under the age of 18 sell alcoholic drinks?

a) Yes, if the person buying looks well over the age of 18b) Yes, if the sale is authorised by a person over the age of 18c) No, the person must never sell alcoholic drinks

How many children are estimated (by Cancer Research in 2013) to try their fi rst cigarette every day in the UK?

a) 200 b) 275 c) 570

Is cigarette lighter gas a dangerous solvent?

a) Yes, only those over 18 can buy itb) Yes, only those over 16 can buy itc) No, anyone can buy it

Would you sell several cans of hairspray to 2 young girls who looked 16 years old?

a) Yesb) No, I would refuse the sale and enter in the refusal logc) Yes, if they said it was for their mum

Sparklers can be bought at the age of 16

TRUE FALSE

Why are the sales of aerosol paints banned to under 16’s?

What is the minimum age limit that a “12” classifi cation video or DVD can be sold to a young person?

a) 13 b) 12 c) 15

32


Retailer PackIf you don’t think a customer is old enough to buy an age restricted product, what should you do?

a) Allow the sale if they say they are old enoughb) Ask how old they are and to see photo age identifi catonc) Call the supervisor or the owner to check

What proof of Age can usually be relied upon?

a) Student Union Cardb) CitizenCard, Validate Cardc) Birth Certifi cate

What steps are taken in your shop to avoid under age sales?

a) Display warning notices

b) Good staff training and awareness

c) Regular reminders

d) Good support when refusals are made

e) We ask for photo ID if in any doubt

f) We record refused sales in a log

YOU COULD END UP IN COURT AND LOSE YOUR JOB IF YOU SELL AGE RESTRICTED PRODUCTS TO PEOPLE UNDER AGE....IS IT WORTH IT?

YOU COULD END UP IN COURT AND LOSE YOUR JOB IF YOU SELL

Name:

Date Completed:

Store Details:

B/uas/199/003 May 2009

B/uas/199/003 May 2009B/uas/199/003 May 2009


Retailer Pack

33

A good practice scheme for Retailers

The Pledge

I confi rm that I have read the Training and Information Pack and hereby pledge not to sell age restricted products to purchasers under age or (if I am doubt) cannot show proof of age.

NAME (SIGNED) POSITION DATE

B/uas/199/003 May 2009B/uas/199/003 May 2009


Retailer Pack

35

Dat

eT

ime

Des

crip

tion

of M

inor

(App

rox.

age

M/F

)A

sked

fo

r ID

Prod

uct

Req

uest

edSt

aff I

nitia

lsC

omm

ents

REG

ISTE

R TO

SH

OW

REF

USA

L O

F SA

LES

OF

AG

E RE

STRI

CTE

D P

ROD

UC

TS T

O M

INO

RS (C

heck

Wee

kly)

B/uas/199/003 May 2009B/uas/199/003 May 2009


Retailer Pack

37

YEA

R O

F BI

RT

HC

UR

REN

T Y

EAR

200

9C

UR

REN

T Y

EAR

201

0C

UR

REN

T Y

EAR

201

1

1988

20 o

r 21

21 o

r 22

22 o

r 23

1989

19 o

r 20

20 o

r 21

21 o

r 22

1990

18 o

r 19

19 o

r 20

20 o

r 21

1991

17 o

r 18

18 o

r 19

19 o

r 20

1992

16 o

r 17

17 o

r 18

18 o

r 19

1993

15 o

r 16

16 o

r 17

17 o

r 18

1994

14 o

r 15

15 o

r 16

16 o

r 17

AG

E C

ALC

ULA

TIO

N “

REA

DY

REC

KO

NER

”

If a

pers

on p

rodu

ces

ID s

how

ing

thei

r da

te o

f birt

h, a

nd y

ou w

ish t

o kn

ow t

heir

age,

fi rs

tly lo

ok u

p th

e ye

ar in

the

left

hand

col

umn

and

follo

w t

he a

nsw

ers

acro

ss t

o th

e co

rres

pond

ing

colu

mn

for

this

curr

ent

year

. If t

he m

onth

on

the

pers

on’s

date

of b

irth

is be

fore

tod

ay’s

date

, use

the

old

er o

f the

tw

o ag

es s

how

n. If

the

mon

th s

how

n on

the

per

son’

s da

te o

f birt

h is

afte

r to

day’

s da

te, u

se t

he y

oung

er o

f the

tw

o ag

es s

how

n.


Retailer Pack

39

Useful Information

The following notices are available from us.

YOU’RE AT THE

SHARP ENDIt is an offence to sell a knifeto a person under the age of 18.

● If convicted, you could be liable to a fi ne of up to £5,000 or be imprisoned for up to six months or both.

Our advice:● Introduce a ‘challenge 21’ or ‘challenge 25’

policy. Customers who appear to be under 21/25 should be asked for proof of age if trying to buy a knife, eg. passport, driving license or proof of age card bearing the PASS hologram.

● Use a till prompt. When a knife is scanned at the till, a message will remind the assistant to check the age of the customer.

● Display notices around the shop warning staff and customers about the age limit.

● Train all your staff, keep a record of the training, and repeat the training regularly.

For more information, contact

Trading Standards on 01962 833620www.hants.gov.uk/regulatory/underagesales

7451

0 P

RIN

TE

D B

Y H

AM

PS

HIR

E P

RIN

TIN

G S

ER

VIC

ES

019

62 8

7009

9

Joint partnership with Trading Standards and Hampshire Constabulary

B/uas/199/004 March 2012

I, ......................................................................................Designated Premises Supervisor of

............................................................................... , hereby authorise ........................................................

to sell alcohol under the Licensing Act 2003.

I confirm that ................................................................................... has been made aware of

his/her legal and social responsibilities under the Licensing Act 2003.

Signed .................................................... Date .................................................................

Signed .................................................... Date .................................................................

* We recommend that this document is updated regularly as staff change.

B/uas/199/003 May 2009

Date post:	31-Jan-2018
Category:	Documents
Upload:	lephuc
View:	222 times
Download:	0 times

AGE RESTRICTED SALES Retailer Pack -...

Documents