Age Related Sales & Proof of Age

Trading Standards & Police Roles.

Trading Standards are responsible for enforcing legislation dealing with many age-restricted goods such as cigarettes, fireworks, butane gas and video recordings. The Police enforce the law on other products such as alcohol, knives and lottery tickets. This involves giving advice and guidance to traders as well as producing guides like this one to advise sellers of such goods and assist them in training their staff.

In addition Trading Standards and Police in South Ayrshire promote the Young Scot proof of age card scheme that is part of the overall Young Scot card initiative run by the Dialogue Youth Section of the Council. This scheme has been brought in to assist traders to identify which young people are aged to buy restricted products and to allow traders to refuse sales to those who cannot prove their age.

Both the Police and Trading Standards are happy to give advice on compliance with the law to local businesses. However they also have a duty to investigate complaints of illegal sales and to carry out routine inspections to ensure compliance. Where incidences of illegal sales are detected, traders and their staff should be aware that this might lead to prosecution and reports to the local Licensing Board.

Trading Standards may check compliance with the law by using young people to make test purchases. These young people are utilised following strict guidelines regarding fairness to businesses and also regarding the promotion of the young person's safety.

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How Do I Protect My Business & My Staff?

Some of the laws dealing with age restricted products have defences available. Namely that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence. In relation to video recordings you will also have to show that the offence was due to the act or default of another person other than the accused.

Even where no due diligence defence is available it is strongly recommended that you follow the advice below:

• most of the offences regarding age restricted sales are strict liability. This means that they can be committed by the owner of the premises without his or her knowledge i.e. even if you are not in the premises. It is therefore highly advisable to bring the relevant legislation to staff's attention through regular training. It is important to be able to prove that your staff have understood what is required of them with respect to this legislation. This can be done by keeping a record of training and asking staff to sign that they have understood it.
  
  
• members of staff should be advised that they may be personally liable if they sell age restricted products to underage persons. If there is any doubt, proof of age should be requested. This could be a passport, a photo driving license or a PASS approved proof of age card such as the Council's Young Scot card, Citizen card or Validate card. Other means of proving a young persons age such as birth certificates, student cards or "proof of age" cards without the PASS hologram, should not be accepted.

• if a young person is refused a sale it is advisable to record this in a refusals book. The maintenance of a refusal book is a useful means to show that you have a system of due diligence. It also disciplines staff to think about age-restricted sales and shows management that staff are indeed refusing sales to underage persons. (A refusals book is included in this pack for your use).
  
  
• although the law does not always specify a minimum age for being able to sell certain goods, the age of the member of staff may be considered in any claims of due diligence. Businesses should therefore think carefully before allowing a young person to sell age-restricted products.
  
  
• If you posses an EPOS system, it may be possible to use it to prompt members of staff as they sell age restricted goods.
  
  
• posters showing age limits should be displayed to deter purchasers and remind staff.
  
  
• many young people look older than their actual age. To prevent sales to under age persons it is not sufficient to only check the ages of those who look younger than the age limit for the goods being sold. We strongly recommend that you ask staff to ask for proof of age from all young people who look 21 or less.
  

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The Underage Sales Advice Pack

Trading Standards, in conjunction with Young Scot, NHS Ayrshire & Arran and the Community Safety Partnership (which includes Strathclyde Police) have created an underage sales advice pack which provides information, advice and display materials for sellers of age restricted products.

The pack will be delivered by Trading Standards Officers during routine visits to premises which sell age restricted products. If you would like a pack for your business, and further advice on age related sales for your business, please contact us.

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Below is a quick guide to allow traders to authenticate genuine proof of age cards, i.e. ONLY those cards which contain the Proof of age Standards Scheme logo. The PASS logo is a trademarked silver hologram with the word PASS repeated in varying sizes in the background.

	The South Ayrshire Young Scot Card. More information on how to get the card. The South Ayrshire Young Scot Card is the supported proof of age scheme for South Ayrshire. Cards will be issued annually to young people in the secondary school system. They are currently free to young people in South Ayrshire.
	Validate UK Previously the supported scheme of South Ayrshire Council. Validate is a national scheme supported and adopted locally. There are many Validate cards in circulation in South Ayrshire, however cards which do not have the PASS logo are being phased out after March 2005. Further information on Validate UK as a national scheme.
	CitizenCard CitizenCard is operated by a variety of commercial and non-profit concerns with an interest in proof of age. Cards cost £9 in the UK (free for under-18s). Information can be obtained from www.citizencard.com or by calling - 01782 741982
	The Portman Group Card The Portman Group was set up in 1989 by the UK's leading drinks producers. Portman Proof of Age card cost £5 and are for over 18's only. Retailers can obtain a Proof of Age kit for £5+ VAT by ringing 01782 741968. More information about the Portman Group.

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Bogus Proof of Age Cards.

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South Ayrshire Licensees Codes of Practice.

For further information on the codes please contact:

Licensing Board: Catrina Geddes, Licensing Monitoring Officer
Burns House, Burns Statue Square, Ayr KA7 1UT
Tel: 01292 616357
Mobile:07968 587099
Fax: 01292 616263

Below is the code of practice required by South Ayrshire Licensing Board for licensees of 'Off Sales' premises.

The Off Sales Code Of Practice.

1. Licensees must undertake training in accordance with the Licensing Boards current requirements.
2. Licensees must ensure that all staff are trained in off - sale specific matters as required by the Licensing Board to include:- Offences and liability in relation to sales including under-age and agency sales and social consequences thereof; proof of age schemes; no proof no sale; refusing a sale; using a refusals book; and any other topic which the board may from time to time deem necessary.
3. Licensees must request secure photo identification from ALL young persons and operate a "no proof no sale" policy.
4. Licensees shall ensure all age related signage and agency sale signage is displayed in a prominent place and also at the point of sale/till.
5. Licensees shall retain any proof of age cards that appear to have been tampered with/forged and alert Trading Standards Service.
6. Licensees shall ensure ANY person attempting to purchase an unusual amount of alcohol of the type favoured by young people is questioned and satisfies the seller that the items are not being purchased for a person/persons under age prior to permitting the sale to proceed.
7. Licensees shall use a "refusals" book and keep it up to date. The refusals book will be produced for inspection by Police, Trading Standards Officers and the Board's Monitoring Officer on request.
8. Licensees shall only display alcohol which would be attractive to young people either behind the till counter, or in the immediate vicinity of the till counter or as close to the till counter as practicable in relation to the size and layout of the premises.
9. Licensees shall not support any irresponsible promotions designed to encourage consumption of products that are attractive mainly to younger patrons (such as advertising campaigns/posters depicting young people having fun drinking or which promote products which are given names to make the product seem "sexy") or offer disproportionate free gifts of alcohol or other items dependant on the quality of these products purchased.
10. Licensees shall supply carrier bags (preferably of a type which can be recycled) for the use of patrons which identify the premises.
    

Below is the code of practice required by South Ayrshire Licensing Board for licensees of 'On Sales' premises.

The On Sales Code Of Practice.

1. Licensees must undertake training in accordance with the Licensing Board's current requirements;
2. Licensees must ensure that all front line members of staff such as bar staff are adequately trained in server intervention in order to ensure that patrons are not supplied with alcoholic liquor when they appear to be intoxicated;
3. Licensees must ensure that before any stewards are employed on the premises they have been trained and registered in accordance with the Licensing Board's current requirements;
4. Licensees must participate in and promote the 'Young Scot' proof of age scheme through display materials and the acceptance of 'Young Scot' cards and must operate a 'no proof no sale' policy;
5. Licensees must not support or devise promotions that are designed to encourage consumption of products that are of attraction mainly to younger patrons. Licensees should be aware of promotions that offer free 'gifts' that are designed to target younger patrons and should not support any promotion that offers a free 'gift' dependant upon the amount of alcohol purchased.
6. Licensees must ensure that prices for alcoholic liquor remain constant from opening until close of business each day. Licensees must not encourage binge drinking via the use of 'Happy Hours' or similar activities on their licensed premises. Licensees must not offer free alcohol either by way of collection of vouchers or by means of an enticement to enter the premises;
7. Licensees must not encourage 'doubling up' or 'upselling' where customers are encouraged to drink more for a cheaper unit price. Licensees must not effect reduced prices via 'two for one' or 'buy one get one free' or other similar types of promotions including large discounts on multiple measures;
8. Licensees must avoid the use of advertising campaigns designed specifically to entice patrons to the licensed premises by virtue of promotions for the sale of alcoholic liquor. Licensees are encouraged to promote their premises with adverts detailing more than simply drink prices.
9. Licensees must not promote irresponsible attractions or games where patrons are rewarded with alcohol rather than other prizes or cash. Licensees should not offer alcohol in any quantity as a quiz prize or promote any 'drinking games' which encourage patrons to drink large amounts of alcohol in a single session.
   

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Further Information.

Health Board: Health Improvement Department
NHS Ayrshire & Arran
Boswell House, 10 Arthur Street, Ayr, KA7 1QJ
Tel: 01292 611040 Fax: 01292 885890

Police: Licensing Sergeant, Licensing Dept.
Strathclyde Police, King Street, Ayr KA8 0BU
Tel: 01292 664033 or 664000 (outwith office hours)

Community Safety: Community Safety Unit,
County Buildings, Wellington Square, Ayr KA7 1DR
Tel: 01292 616626 Fax: 01292 616611

Licensing Board: Catrina Geddes, Licensing Monitoring Officer
Burns House, Burns Statue Square, Ayr KA7 1UT
Tel: 01292 616357 Fax: 01292 616263

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Alcohol

	23% of 13 year olds in South Ayrshire reported drinking weekly, which was significantly higher than the national figure of 17%.
	By fourth year, 34% of young people are buying alcohol themselves from off-licences or shops.

• It is an offence to sell alcohol to anyone under 18.
• It is an offence to sell liqueur chocolates to anyone under the age of 16.
• It is an offence for a person under the age of 18 to sell alcohol without knowledge of the sale by the licensee or other responsible person over 18.
• It is an offence to sell alcohol to anyone you suspect may be buying it for someone who is underage.
• If you are not sure that the customer is over the appropriate age and they appear to be 21 or under, ask for proof of age.
• If you are still not sure refuse the sale.
• If you sell alcohol to someone under 18 you could be fined up to £1,000.
• All premises that sell alcohol must have a licence.

For further information on the above please contact Strathclyde Police on 01292-664000.

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Cigarettes & Tobacco Products

	The percentage of young people smoking regularly in Ayrshire and Arran is around 13% with the average age for young people starting to smoke being 11-12 years.
	86% of regular smokers in South Ayrshire between 13-15 years indicated that they bought cigarettes from shops.

• It is an offence to sell cigarettes, other tobacco products or cigarette papers to anyone under 18 even if they look older.
• This is the case whether or not the cigarettes are for the young person's own use.
• If you are not sure that the customer is over the age of 18 and they appear to be within a few years of this age, ask for proof of age.
• If you are still not sure refuse the sale.
• Selling cigarettes to someone under 18 could lead to a fine of up to £2,500.
• It is an offence to break a pack and sell cigarettes singly from it to anyone, child or adult you could be fined up top £1,000.
• A warning notice must be displayed in a prominent position at tobacco retailers' saying, "It is illegal to sell tobacco products to anyone under the age of 18". The sign must be A3 size (297mm X 420mm) and each character must be 6mm in height. (This sign can be obtained from Trading Standards).
• If you do not display this warning notice where it can be easily seen you could be fined £1,000.
• Tobacco vending machines must have the following warning on them: "This vending machine is only for the use of people aged 18 or over."
• Vending machines should be located in a position which allows them to be properly supervised to prevent sales to children.

  Underage Sales of Tobacco Project
  

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Knives

Between 1999-2003 just under a quarter of admissions for stab wounds at Ayr Hospital's Accident and Emergency Service were by under 18 year olds.

• It is an offence to sell to any person under 18 any knife, or similar item, which is made or adapted for use for causing injury to a person.
• If you are not sure that the customer is over the age of 18 and they appear to be under 21, ask for proof of age.
• If you are still not sure, refuse the sale.
• Remember NO PROOF….NO SALE!
• It is an offence to market a knife in such a way that suggests it is suitable for combat or other wise encourage behaviour involving the use of the knife as a weapon.
• It is an offence to sell any flick knife.

For further information on the above please contact Strathclyde Police on 01292-664000.

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Solvents & Butane Gas Refills

	Solvent abuse kills 60 young people each year - more young people than heroin, cocaine and ecstasy combined.
	6% of young people between the age of 13 and 15 years within South Ayrshire admit to using solvents, which is higher than the national average of 4%.

• It is an offence to sell substances to persons under 18 if you know or think that the substance is likely to be inhaled for the purpose of 'getting high'.
• It is also an offence to sell substances you think will be inhaled, to persons acting on behalf of someone who is under 18.
• It is an offence to sell gas butane lighter refills to anyone under 18.
• If you are not sure that the customer is over the age of 18 and they appear to be under 21, ask for proof of age.
• If you are still not sure refuse the sale.
• Remember NO PROOF….NO SALE!
• If you suspect that an older person is buying on behalf of someone under 18, to inhale, refuse the sale.
• Many products can be classed as solvents although there is no definitive list. Those most commonly abused are:
  
  
  • solvent based glue
  • dry cleaning fluid
  • correction fluid and thinner
  • marker pens
  • aerosols
  • nail varnish remover
    
  
  

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Lottery Tickets & Scratchcards

Many regard lotteries as a relatively benign form of gambling. However, 31 percent of callers to a national gambling hotline indicated problems with lottery and scratchcard gambling.

• It is an offence to sell lottery tickets to someone under 16.
• It is an offence to sell scratch cards to someone under 16.
• If you are not sure that the customer is over the age of 16 and they appear to be within a few years of this age, ask for proof of age.
• If you are still not sure refuse the sale.
• Remember NO PROOF….NO SALE!
• If you sell lottery or scratch cards to someone under 16 you may be fined up to £5000 and/or serve two years imprisonment.
• It is illegal for members of staff under 16 to sell lottery tickets or scratch cards.
  

Petrol

	Petrol is a highly flammable and volatile substance.
	Petrol vapour, even when present in the atmosphere at relatively low levels, can be harmful if inhaled.

• It is necessary to obtain a licence from the local authority to enable you to sell petrol
• Licence conditions stipulate that petrol must be not be accessed by persons under 16.
• If you are not sure that the customer is over the age of 16 and they appear to be under 21, ask for proof of age.
  
  If you are still not sure, do not authorise the sale.
  

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Fireworks

	The most common age range of people in Scotland to be injured by fireworks in 2003 was under 16 year olds (32%).
	Casual incidents in the street form the major risk of injury, accounting for half of the patients injured by fireworks in 2003.

• It is an offence to sell fireworks to anyone under 18.
• It is an offence to sell caps, party poopers, throwdowns, novelty matches etc. to anyone under 16.
• If you are not sure that the customer is over the age of 18 and they appear to be 21 or under, ask for proof of age.
• If you are still not sure, refuse the sale.
• If you sell fireworks to a person under 18, you may be fined up to £5000 and/or serve six months imprisonment.
• You must be registered with South Ayrshire Council's Licensing Services Tel: 01292 616152, to keep fireworks in your shop.
• All fireworks must be stored and displayed for sale in a safe and secure manner.
  

Videotapes and DVD's.

The British Board of Film Classification (BBFC) is an independent, non-governmental body funded through the fees it charges to those who submit films, videos, DVDs and digital games for classification.

• It is an offence to supply, or offer to supply a video recording to a person who has not attained the age specified on the recording. This also applies to video games and computer games.
• It is an offence to supply a video recording without the required labelling on it and its case.
• If you are not sure that the customer is over the appropriate age ask for proof of age.
• If you are still not sure, refuse the sale.
• Remember NO PROOF….NO SALE!
• It is an offence to supply an 'R18' video other than in a licensed sex shop.

Categories of video recording certificates are a follows:

	U Universal - suitable for all.
	Uc Universal - part. suitable for young children.
	PG Parental Guidance - general viewing, but some scenes may be unsuitable for young children.
	12A -No-one younger than 12 may see a ‘12A’ film in a cinema unless accompanied by an adult.
	12 Suitable for and only to be supplied to persons of 12 years and over.
	15 Suitable for and only to be supplied to persons of 15 years and over.
	18 Suitable for and only to be supplied to persons of 18 years and over.
	R18 Restricted - to be supplied only in licensed sex shops to persons of not less than 18 years.

Remember NO PROOF…NO SALE!