Press Releases 2006

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While the mailings may be a nuisance, they are legal. Trading Standards debt advisors are however warning consumers to avoid running up unmanageable debts from the comfort of their own computer desk. With levels of personal debt soaring and their client numbers multiplying, debt advisors are urging locals to be wary of staking amounts they can't reasonably afford to lose.

According to the national charity for gambling problems, GamCare, online betting is becoming increasingly popular and there are now an estimated 1,700 gambling websites on the Internet. The convenience of gambling at home, the ease of setting up a gambling account and the variety of forms of gambling - from traditional betting, to casino gambling, bingo and lotteries - makes online gambling very appealing. However, whilst many people gamble online without any problems, GamCare has seen an increase in the amount of people needing help and counselling after losing control of their online gambling. This may be because online gambling can occur 24 hours a day and there may be a greater tendency for consumers to forget that through their accounts they are staking, and potentially losing, real cash. Betting opportunities in general are more widespread than ever as interactive technologies now allow gambling through television and even mobile phones.

Commenting on the recent mailings, Councillor Hugh Hunter, Convener of the Community Safety Committee said, "We are not suggesting that online gambling is all bad and most customers enjoy responsible betting without any problems. However it should be up to the individual through choice to respond to the reasonable marketing of gambling products. Unwanted and unsolicited mail from abroad which offers incentives to people to gamble more than they perhaps normally would is an undesirable practice. Although householders can substantially reduce the amount of unwanted junk mail through their doors by registering their details with the Mailing Preference Service, unfortunately this will not always prevent mailings from abroad. Householders should be very careful not to give details or cash to companies without all the facts. Many mailings from overseas promoting lotteries or 'get rich quick schemes' are more often than not misleading and sometimes fraudulent. Our advice is not to reply and to put it straight in your recycling bin."

Trading Standards in South Ayrshire have asked anyone who wishes advice on debt, whether created through gambling or other circumstances, to get in touch for free and confidential help and advice. They can also provide further advice on substantially limiting direct mail and what to do with unwanted post received from abroad.

The Trading Standards Service can be contacted on 01292 616060 or consumers are welcome to visit the Consumer & Business Advice Centre at 5-7 River Terrace, Ayr, KA8 0BJ.

South Ayrshire Council Trading Standards used Ayr's Kyle Centre to promote their 'Fake Free Ayrshire' campaign on Thursday. Officers from Trading Standards had two stalls, one of which was used to run a competition with great prizes such as Playstation 2's, Microsoft products, games, films and music CDs. The second stall was set up to look like a dodgy street trader "selling" fake goods - as well as the obligatory sports socks and disposable lighters!

South Ayrshire Council's Community Safety Convener, Councillor Hugh Hunter who visited the stall said, "These stalls were great fun and it was an effective way to make a very serious point. The Fake Free Ayrshire initiative involves all three Ayrshire Councils and a variety of means to target these sellers and prevent them being able to sell their goods in the area. Sellers of fake goods range from organised criminal gangs, to market traders, illegal hawkers selling from pub to pub, to people copying in their own home and selling to their neighbours or employees at work. They all affect local jobs and we will continue to target them until they desist from these illegal practices."

Councillor Hunter added, "The sale of fake goods in Ayrshire has a direct effect on local jobs as traders struggle to compete with criminals who merely cream off the profit without putting anything back into the community. We are working closely with Strathclyde Police Financial Investigations Officers to ensure these criminals are stripped of any assets as well as facing criminal charges."

Dave Rose, Manager of the Kyle Centre, made the draw for the prizes at the end of the display. The lucky winner of the first prize was Eryn Bunyen from Mossblown who will shortly be receiving a Sony Playstation 2. The winners of the other prizes are also being contacted.

Pictured is Councillor Hunter (centre) examining a range of fake goods at the display along with Brian Scobie (left) from Trading Standards.

The Trading Standards Services of North, South and East Ayrshire Councils have joined up with key trade partners to help tackle the increasing problem of counterfeit merchandise which is produced and sold in Ayrshire.

This innovative initiative, which was launched at the ODEON Cinema in Kilmarnock, will seek to increase trade and consumer awareness of the problem and the work done to combat it. Increasing the flow of intelligence from trade and consumer sources will enable Trading Standards as the enforcement authority for counterfeiting matters to target criminals more clearly.

As part of the project, action will be co-ordinated to prevent the sale of counterfeit goods at sales outlets such as factories, hospitals and pubs using poster campaigns and enforcement action. Campaigns will be targeted in communities where suspected counterfeiters are thought to operate and partnerships will be built with local film, music and games suppliers with the aim of ensuring that their trade is not jeopardised by the activities of counterfeiters.

To launch the initiative, a presentation was given at the ODEON by representatives of the three enforcement authorities and sponsoring trade bodies who spoke about recent successes they have had in tackling counterfeit goods sales and the latest developments in the field.

Councillor Jim O'Neill, Chair of the Community Service Committee at East Ayrshire Council, said: "Counterfeiting is becoming increasingly sophisticated, as are the means that counterfeiters use to sell the products. In response to this, local authorities must be smarter on how they address the problem. Fake Free Ayrshire is an innovative joint working project which brings together the resources of all three Ayrshire councils in association with the police and trade representatives. By working together we can gather better intelligence and concentrate our efforts to have a significant impact on this problem."

Councillor David Munn, Chair of Corporate Services at North Ayrshire Council, added: "It is good to see that neighbouring local authorities can come together to promote such a worthwhile campaign. Counterfeiting has become more sophisticated and this has been worsened due to the ease of buying goods on the internet. The traditional channels for the sale of these goods are ever changing and joint working by Trading Standards and other enforcement bodies is essential to control the sale of counterfeit goods in a vast marketplace."

Councillor Hugh Hunter, the Convener of South Ayrshire Council's Community Safety Committee said: "South Ayrshire Council is fully supportive of this important partnership. By working with our colleagues in East and North Ayrshire as well as our trade partners we are sure that we can continue to have a significant impact on counterfeiters in Ayrshire. Anti-counterfeiting work is tremendously important as we seek to protect legitimate traders and the employees working for them from unscrupulous dealers in illicit goods."

Left to right: Inspector Martin Graham, Strathclyde Police; Inspector Derek Ireland, Strathclyde Police; Pat Fergusson, British Phonographic Industry (BPI); John McGowan, Federation Against Copyright Theft (FACT); Councillor Jim O'Neill, Chair of the Community Service Committee at East Ayrshire Council; David Thomson, Trading Standards Manager, South Ayrshire Council; John Hillier, Entertainment & Leisure Software Publishers Association (ELSPA); Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee; Inspector Neil Kerr, Strathclyde Police; Councillor Tom Barr, North Ayrshire Council and Iain MacDonald, Regional Manager, ODEON Cinemas.

In the run up to the festive season, South Ayrshire Council Trading Standards Officers have been checking for pubs and clubs that might short measure or pass off inferior brands to the public. Undercover officers carried out visits to 40 licensed premises throughout South Ayrshire where they made checks on the quantity of hand poured spirits and the authenticity of branded drinks on sale.

As a general rule gin, rum, vodka and whisky being sold in pubs, clubs and restaurants have to be sold in prescribed quantities or multiples of 25ml, 35ml and spirits served to customers have to correspond to those requested by the customer. Any substitution of a brand with that of a cheaper one is a breach of the Trade Descriptions Act.

Of all the 40 premises visited, 5 sold short measure to the officers, and received a formal Trading Standards warning. The bar staff on the day were also notified of the findings and cautioned to be more vigilant in the future to ensure that correct measures are served at all times. Follow up visits are planned to ensure that bar staff, licensees and owners involved have taken steps to ensure that customers receive an accurate measure.

While at the premises, substitution checks were carried out on different well-known brand spirits to detect any counterfeit spirits being sold. This involved the use of a brand authenticator kit that can be used on the premises and gives an immediate indication as to the authenticity of the brand being tested. All the spirits tested on the premises passed the onsite test using the kit. Some brands that could not be tested on the premises using this equipment have been submitted to the Public Analyst for a more detailed chemical test by comparing the samples taken to a 'fingerprint' profile of the actual branded spirit.

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said, "Whilst we always advocate sensible consumption of alcohol it is reassuring to know that consumers and visitors to South Ayrshire will be getting an accurate measure and genuine brand of their desired drink over the Christmas period. This is a time when pubs and clubs will have a high turnover of people through their doors and it is good to know that they can have confidence in what they will be served when they use licensed premises in South Ayrshire. It is reassuring to note that these are the best results we have found for a few years."

Councillor Hugh Hunter added, "South Ayrshire Trading Standards have in the past few years helped the local licensed trade apply a high standard by assisting them with staff training and guidance on complying with the law. As a result South Ayrshire Trading Standards have been the subject of two special awards. The latest award was received at this year's Trading Standards Institute conference from the industry representatives, the International Federation of Spirit Producers (IFSP) for their continuing success in checking various brands of alcohol for substitution."

Anyone involved in the local licensed trade can access free advice from Trading Standards at the address below. Similarly if members of the public suspect that they have been sold short measure drinks or received counterfeit brand spirits, they should also contact Trading Standards or call in confidence on Ayr 616060.

Householders that have received a leaflet and bag asking for unwanted goods under the heading 'Charity Collection Used Clothing Appeal' may have donated goods in good faith thinking they were donating to a Registered Charity as stated on the leaflet but investigations into the number used show that it does not relate to any charity registered in Great Britain.

South Ayrshire Trading Standards received a complaint from a resident in Meadowpark who suspected the Registered Charity Number printed on the bags was false. Enquiries to the Office of the Scottish Charity Regulator (OSCR) confirmed that the number used did not relate to any Charity registered in Scotland or England and Wales. OSCR had also been investigating the organisation for allegedly promoting itself as a charity when it was not entered in the Scottish Charity Register.

Trading Standards Officers intercepted the van in the Old Racecourse area of Ayr and interviewed the two occupants, believed to be Polish Nationals. They confirmed the goods would be shipped to Poland. The van contained two hundred and fifteen bags of goods and these are being held meantime pending further enquiries into the people behind the alleged charity.

A spokesman for South Ayrshire Trading Standards said, "There is concern from the public over door to door collections of goods and clothing. In the past we have issued warnings to householders to check the leaflet as often these are from commercial companies that resell the goods. As long as this is clearly stated and no misleading impression offered that the business is a charity then this is legal. However, we have concerns if an organisation gives a registered charity number that does not exist or uses the word charity in their name without having the right to do so."

The spokesman added, "We are treating this as a criminal investigation for the present so we are unable to disclose the name of the organisation concerned."Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said, "The people of South Ayrshire are generous and that was shown by the number of bags this organisation had collected in one day. We want to encourage people to continue to donate to good causes. However, people want to be sure that they are giving to a charitable cause. Registered charities are regulated by the Scottish Charity Regulator to ensure that their activities are above board. Alleged instances like this only serve to undermine legitimate charities and that is why we are determined to get to the bottom of this matter."
Kirsty Gray, OSCR's Head of Monitoring and Investigation, added, "We look forward to continuing to work with South Ayrshire Trading Standards in this matter. Members of the public can check the Scottish Charity Register to see whether an organisation is a registered charity."

OSCR advises the public to check any leaflets carefully to see whether it is from a charity or from a business. Scottish charity numbers begin with the prefix SC0 followed by five numbers. OSCR can be contacted on 01382 220 446 or visit Scottish Charity Register.

Residents with any concerns can contact South Ayrshire Trading Standards on 01292 616060.

Last year's Champions, Kyle Academy came back fighting this year to retain the South Ayrshire trophy at The Young Consumers of the Year Competition held in Belmont Academy.

In a close and exciting competition, hosted by Trading Standards, Kyle Academy (A) battled to once again represent South Ayrshire in the West of Scotland Finals of the Young Consumers of the Year Competition 2007 to be held South Lanarkshire. The Young Consumers of the Year Competition is a high profile event where teams of young people test their knowledge on a wide range of environmental and consumer issues. They are tested on a range of consumer topics from shopping rights to toy safety and financial matters.

This years South Ayrshire heat saw Kyle Academy and Belmont Academy, field 2 teams each. Both semi finals and the final were close affairs, however Kyle Academy (A) were hot on the buzzer to snatch the trophy on the very last question.

Councillor Hugh Hunter, who attended the event said "It was a very successful day and shows again the commitment South Ayrshire Trading Standards have to young consumers in the area. Consumer Education is important if we want to encourage members of the public to be aware of their rights when shopping, especially now with internet shopping and the situation that consumers have found themselves in after the fall of Christmas hamper company, Farepak. The competition is a fun and entertaining way to ensure that young people understand consumer issues.

Kyle Academy (A) will now go through to the West of Scotland Heat being held in South Lanarkshire on 30th January 2007. The eventual Scottish Winners will take part in the UK National Finals to be held at the Trading Standards Institute National Conference in June 2007. Pictured from left to right are Kirsty Glass, Councillor Hugh Hunter, Laura Jamieson, Kirsty Gibson and Jennifer Brown.

South Ayrshire Council's Trading Standards Service congratulated local firework sellers this week after a project revealed for the second year running that traders would not sell fireworks to an underage test purchase volunteer.
In a repeat of last year's project, the Service used several 16-year-old volunteers in an attempt to buy fireworks from registered sellers in Ayr, Troon, Prestwick and the surrounding area. As was the case last year, not one single illegal sale was made despite virtually every firework seller being subjected to a test purchase. Fireworks can only be legally sold to persons over 18 and where shopkeepers compromise firework safety by breaking the law on underage sales, enforcement action can result in fines of up to £5000. Encouragingly in all instances this year the young volunteers were refused a sale. Instead retailers asked for proof of age (such as the Council's Young Scot card) and politely declined to sell when it wasn't produced.

Commenting on the findings, Councillor Hugh Hunter, Convener of the Council's Community Safety Committee said, "These results are extremely pleasing. Trading Standards and Police Officers worked hard in the build up to bonfire night to ensure that registered sellers knew about storing fireworks correctly and selling them responsibly, especially avoiding underage sales. I am pleased that local retailers seem to be getting the message and are acting responsibly when it comes to selling these very dangerous products. Our enforcement activity has seen a percentage drop in stores selling from 25% to 0% in the space of four years. This is a great achievement. The use of test purchase volunteers is still a relatively new tactic for our officers but the results prove that the advice and assistance is working."

Councillor Hunter continued, "There are two main issues associated with firework sales. Firstly these are very dangerous products that can cause terrible injuries to consumers if they are not used responsibly. Secondly there is the potential for fireworks to be a huge source of anti-social behaviour in the local community. Fireworks can be a very divisive subject, and it is important that local residents have confidence that we are doing all we can to avoid sales of fireworks to underage persons as well as the anti-social behaviour associated with their misuse."

According to the latest statistics for fireworks injuries in Scotland, 94 people were injured as a result of fireworks use and misuse. This was a significant increase on the previous year and this was mainly due to injuries caused to children under 16. The majority (78%) of injuries occur as casual incidents in the street and other public places and at family or private parties (41 and 32 cases respectively).

Tough regulations were introduced across Scotland in 2004 to combat the misuse of fireworks, including a curfew prohibiting anyone from setting them off between 11pm and 7am. The only nights exempt from the curfew are Bonfire Night, Hogmanay, Chinese New Year and the Hindu Festival of Light.

South Ayrshire Council's Trading Standards Service have vowed to continue a programme of test purchasing of age restricted products using young volunteers. They have asked local consumers to let them know of any traders who are flouting the law when it comes to selling age restricted products to young people. Complaints can be made by calling 01292 616060 and you need not give your name.

South Ayrshire Council's Trading Standards have warned that old and faulty electric blankets still pose a fire risk to householders after the latest round of safety checks. The consumer watchdogs, who annually run a project to check the safety of resident's electric blankets, found a fifth of the blankets examined were so unsafe they were condemned beyond repair.

Faulty electric blankets, particularly older ones, pose a significant risk of fire in the home with the resultant potential for lives to be lost. Newer blankets have safer wiring and a thermal 'cut-out' which will switch the blanket off when it starts to overheat. Experts advise consumers to have their blankets checked regularly and to automatically replace blankets that are more than 10 years old.

The electric blanket safety day involves consumers leaving their electric blankets with Trading Standards staff who test them in their laboratory in Glasgow. After the free safety examination the consumers are then advised whether any faults were found rendering the blanket unsafe to use. The project has been extended in the last few years with consumers now being able to drop their blankets off at the Council's Housing Offices in Troon, Prestwick, Maybole and Girvan.

Commenting on the project, Councillor Hugh Hunter Convener of the Council's Community Safety Committee said, "After nearly a decade of testing consumers' electric blankets it is clear that there is still a significant risk of fire from old and faulty blankets. We will continue to carry out these checks in order to protect health of South Ayrshire residents."

One local resident, whose blanket was condemned as too unsafe to use, was shocked with the result but relieved that she had found out before using her blanket this winter. She commented, "I noticed in the local paper that Trading Standards were doing these electric blanket checks. I was about to use the blanket I've had for a few years but decided to get it looked at. It came back with the plug cut off it and a warning telling me it was too unsafe to use. I've bought a new blanket now and I'm glad I found out before I paid a much higher price."

If anyone has any concerns about any safety issues Trading Standards have a number of different safety leaflets for consumers. In particular there is a leaflet published by the Department of Trade and Industry, which gives good advice on what to look out for when choosing, using and storing an electric blanket, as well as possible danger, signs to be aware of. This leaflet can be obtained from the Consumer and Business Advice Centre, 5-7 River Terrace, Ayr Tel: 01292 616060.

Trading Standards officers conducting a test purchase survey were disappointed to discover that 50% of local traders visited sold potentially deadly butane gas canisters to young undercover volunteers. The project revealed that 4 out of the 8 shops visited sold potentially lethal butane gas to the 16 year old. This gas, which is used to refill cigarette lighters, is often abused by young people attempting to get high on the fumes. Sadly, according to statistics volatile substances kill more young people than controlled drugs and butane cigarette lighter refill now accounts for 64 per cent of all substance abuse deaths. The cigarette lighter refill is attractive to young people due to its cheap price and common availability.

Such was the level of misuse of gas lighter refills that legislation was introduced in 1999 banning traders from selling them to under-18s. Despite this, traders in the area continue to flout the law with regard to selling age related products.

Using underage volunteers to attempt to buy dangerous or unhealthy age restricted products (such as fireworks, solvents or cigarettes) is a tactic, which is increasingly being adopted by Trading Standards Officers throughout the UK. The tactic is used to gauge the level of compliance by the retail trade in ensuring that products capable of misuse or abuse don't fall in the wrong hands.

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said: "I am disappointed to hear that so many retailers were prepared to sell this product, potentially a killer, to young people. It is irresponsible to sell a harmful product to young people where the likelihood is that they may use it to get high and sadly may lose their lives in the process. The statistics suggest that there is no typical 'sniffer', those who abuse these substances can come from any social, cultural or ethnic background."

Councillor Hunter added:" Our officers will continue to monitor the sale of age related products in the area and anyone caught selling an age restricted product to a young person will be considered for formal action and possible prosecution. The trade's involvement in ensuring that age related products don't fall in the wrong hands is paramount if we are to reduce the tragic deaths that occur every year as a result of volatile substance abuse."

A South Ayrshire Trading Standards spokesperson added, "In this instance formal action has been taken against those who sold a butane cigarette lighter refill. The exercise will be repeated and anyone caught selling an age related product to a young person will be reported to the Procurator Fiscal. In South Ayrshire there is no excuse for selling age restricted products to young people, especially where the council has made available age related information packs and issued all secondary education youngsters with a Young Scot proof of age card. Our advice is if you're unsure about the age of the person ask for proof of age - no proof means no sale."

If you know or suspect anyone selling butane cigarette lighter refills to young people under 18, you can contact the Trading Standards Advice Centre in total confidence Mon -Sat on Ayr 616060.

Film Pirate Caught On Film

A Glasgow man who was caught twice by Trading Standards with illegal DVDs at Ayr Sunday Market pled guilty to charges at Ayr sheriff Court last week and was sentenced to 2 years and 10 months imprisonment.

Following a 4-week surveillance operation by South Ayrshire Trading Standards, Donald Daisley was caught in a joint Trading Standards and Strathclyde Police raid as he arrived at the market in November 2003. In the boot of his vehicle officers discovered over 1800 disks, including the latest blockbusters and Celtic Football Club DVDs.

Daisley had been caught on a previous occasion several months earlier along with an associate at Ayr Sunday Market supplying illegal DVDs. Trading Standards Chiefs then ordered surveillance on him to identify other associates as the method of operation involved using young girls as runners between an associate taking orders from the public and the supply by Daisley from stock hidden in a vehicle.

Daisley was due for jury trial in 2005 but failed to appear and a warrant was issued for his arrest. He was discovered in Glasgow in July 2006 and was arrested by Police and held awaiting trial for the offences relating to 2003. He subsequently pled guilty to four charges for being in possession of counterfeit DVDs outside Ayr Sunday Market and for previously failing to turn up for his trial and was sentenced to 34 months imprisonment.

A spokesperson for South Ayrshire Trading Standards said, "Daisley was part of a criminal enterprise that moved to Ayr hoping for easy pickings. The gang used different tactics to avoid detection, such as using hideouts for the stock of fake DVDs, advertising their fake goods by handing out DVD lists and using professional two-way radios to maintain communication between them. This forced us to implement covert surveillance to catch the criminals in the act. Daisley was bringing the fake DVDs to Ayr for the gang of young teenage girls to sell around Ayr Sunday Market. One of his associates who helped Daisley co-ordinate the illegal operation in Ayr was previously fined £1,500 for his part in supplying undercover Trading Standards officers with fake DVDs."

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said, "The Council took the threat of Daisley's activities so seriously that he was the first person in Scotland to be issued with an Enforcement Order for counterfeiting under new powers for Trading Standards contained in the Enterprise Act 2002. This meant that he was effectively banned from being involved in future in counterfeiting anywhere in the UK. To do so would mean a contempt of Court that can carry severe penalties."

John McGowan, Senior Investigator for Scotland with the industry body FACT, commented, "Many cinemas and film rental shops are either closing down or diversifying as a direct result of these sorts of crimes. The effect of this percolates upwards through the entire industry and has begun to affect the financial viability of new projects. This directly affects jobs in the UK right through from retail and leisure outlets to the creative industry. The film industry itself acknowledges that criminal piracy poses the biggest threat to its future. Film piracy is seen as highly lucrative by criminals who are also bringing other criminal activities and harm to local communities. The sentence handed out to this individual should send a strong message that film piracy will not be tolerated and will be dealt with severely by the Courts."

A Celtic Football Club spokesman said, "Celtic FC takes it's intellectual property rights extremely seriously and is delighted with the result of this particular case. Celtic FC would like to thank South Ayrshire Trading Standards staff for their hard work in bringing this investigation to a successful conclusion and hope that this sentence serves as a warning to anyone tempted to become involved in the illegal copying of DVD films of the very real threat of criminal prosecution."

Councillor Hugh Hunter added, "These illegal activities not only leave our residents with poor quality goods but harm our local retailers who are contributing to the local economy, creating jobs and helping make South Ayrshire a thriving retail area."

"In order that we can stamp out illegal trading in South Ayrshire we require information from the general public, as they will encounter such problems first hand. The selling of counterfeit goods is not a victimless crime. In the short term people buy poor quality goods at cheaper prices but in the long term it is the local shops who may go out of business and therefore leaving South Ayrshire residents with fewer retailers in the High Street and consequently less competition and choice. The latest figures from the industry show that the total loss to the whole audiovisual industry through copyright theft is more than £818 million. £450 million of this is the value of lost DVD sales, £277 million is lost box office takings and £74 million is from loss to the rental sector."

"If anyone has concerns about the matters discussed above or feels that they have been misled about any goods that they have purchased I would urge them to contact the Trading Standards Advice Centre who are ready to give advice and assistance. You can call on 01292 616060 or visit the office at 5/7 River Terrace, Ayr."

South Ayrshire Council's Trading Standards and Licensing Services this week expressed disappointment that a number of local off sales appear to be flouting the Code of Practice for Off Sales Licensees when it comes to asking for proof of age. Following a joint project with the backing of the police, it was found that nearly half of those visited sold alcoholic drinks such as Buckfast and Extra Strong Cider to a young volunteer without asking any questions or demanding any I.D.

Off-sales premises are licensed by the Licensing Board and are subject to a Code of Practice that is designed to raise the standards of all alcohol sellers within South Ayrshire. To combat the ongoing problem of underage drinking the Code requires sellers to train their staff to request secure photo I.D. from ALL young persons, i.e. operate a strict "no proof no sale" policy. The checks found that 10 premises sold very strong alcohol to a slightly built and very young looking male volunteer who was over 18 without asking him to prove his age. In doing so they openly violated the Code and provided a strong indication that they more likely to break the laws on underage sales.

The checks form part of an ongoing crackdown by Trading Standards on South Ayrshire traders that break the laws on underage sales. Trading Standards can now use volunteers to test purchase age restricted products such as cigarettes, fireworks, butane refills, DVD, CD and computer games. This change came about after the Lord Advocate amended prosecution guidance following a successful 2-year pilot carried out by 4 Scottish Authorities (including South Ayrshire), which focused on the use of 13 and 14 year olds to attempt to test purchase tobacco.

The rules for alcohol are currently different, as any underage purchasers would themselves commit an offence, although the Lord Advocate has sanctioned an amendment to the law to allow a test purchase project by Fife Constabulary. It is expected that alcohol test purchasing will then be extended to the rest of Scotland by 2009.
Commenting on the results a Council spokesperson said, "Clearly some traders are still not implementing the 'no proof -no sale' checks. Our young-looking volunteer, who is actually over 18, is only 5ft 6 inches and weighs less than 10 stones. On no account should a responsible trader have sold products such as Buckfast and strong cider to him without first requesting proof of his age. While we commend the actions of the stores that refused to sell, the high number of those that did sell highlights that there is a significant number of premises that are breaching the Code of Practice. Most of the sellers displayed signs indicating that proof of age would be required, but the results do not seem to bear that out. Also, a high proportion of those that sold were actually indicating that they would only sell alcohol to persons 'over 21' but that was clearly not the case. All licensees that sold to the young volunteer will be visited and asked for assurances that their systems are tightened up".

South Ayrshire Council's Community Safety Convener, Councillor Hugh Hunter added, "To assist off-sales' licensees the Council has implemented the Young Scot proof of age scheme, supplied 'proof of age' trader packs and reinforced the 'no proof - no sale' message through repeated visits by Trading Standards and Licensing Officers supported by the Police. We are doing everything possible to help traders comply with the law but the final responsibility still lies with them. Irresponsible and careless sales of alcohol, particularly to the young and underage, creates major problems in the South Ayrshire Community through violence, destruction of property and other forms of anti-social behaviour."

Picture: Catrina Geddes, Licensing Monitoring Officer on the left, Julie Thomson, Trading Standards Officer on the right

Whilst a small minority of people might think graffiti is a form of expression, or even art, for most residents of South Ayrshire it is blight on their walls and buildings. Not only is it unsightly but it also costs local taxpayers and businesses to have it cleaned up.

Recent legislation on antisocial behaviour makes it an offence to sell spray paint to a person under the age of 16. South Ayrshire Council's Trading Standards officers have been conducting some undercover checks to see how easy it is for a young person to buy spray paint.

A spokesperson from Trading Standards explained, "The young volunteers used for this project were all fourteen and a half years of age - some 18 months under the legal age limit. A limited programme of six premises were visited but the results were disappointing with five making a sale without questioning the age of the person buying the product."

"Of the six traders visited, B&Q at Heathfield was the only one where a member of staff at the check out challenged the young person as to their age and consequently refused to sell. Under the new law traders are also required to display a sign to make it clear that it is illegal to sell spray paint to anyone under the age of sixteen and in this instance only one of the six premises visited had a sign on display. Although businesses have received information from both Trading Standards and the Scottish Executive on the new provisions we have decided to deal with this initially by warning those businesses that sold to the young person and to follow up to ensure the message has got through."

Commenting on the project Councillor Hugh Hunter Convener of the Council's Community Safety Committee, said, "Although those that use spray paints to deface property are the root of the problem, it is disappointing to see that, with the increased public concern over the blight of graffiti, so many traders sold a product that would add to this problem. Trading Standards have made it easy for the trade to meet their obligations regarding age related products by providing them with a very comprehensive trader pack that explains what age applies to each regulated product and what proof of age should be requested. South Ayrshire was also one of the first authorities in Scotland to supply young people with a free proof of age card."

Councillor Hunter added, "Traders who are in any doubt about the age of the person buying spray paint should ask for a proof of age card such as the Young Scot card. Our Trading Standards Officers will continue to focus efforts on the sale of age related product to ensure that products like spray paint don't fall into the wrong hands."

A spokesperson from Trading Standards advised all traders that are involved in the supply of age related products and who wish advice on the subject, to get in touch with Trading Standards at 5-7 River Terrace, Ayr or by calling the Trading Standards Advice Centre on Ayr 61 60 60.

With the arrival of better weather South Ayrshire householders have already received a variety of personal callers offering everything from roof repairs to garden maintenance. Most of these callers will be honest tradesmen but a minority will not - so how do you tell the difference?

Information received by South Ayrshire Trading Standards suggests that itinerant traders are targeting South Ayrshire for the sale of different goods and services. The victims of doorstep selling scams are usually people who are more often at home, such as the elderly, people with young children and those who are housebound.

As a result the Trading Standards Service today issued a warning to South Ayrshire consumers to be on their guard when dealing with doorstep callers. The advice is not to be pressurised into buying goods you don't want or have work carried out that you don't need.

Doorstep sellers will use different techniques, such as "I've been working in the area…." And "I noticed you've got a few loose tiles on your roof…" to entice you to allow them into your home. Once they are in your home, a doorstep seller will expect to make a sale and therefore may not give up easily.

If you feel that doorstep sellers are putting you under pressure to buy goods or services, you should ask yourself the following questions:

• Do I want the goods or services?
• Can I afford them? Never pay 'up front' - you may never see your money again.
• Would I buy them if I saw them in a shop?
• Do I trust the seller?
• Are the goods safe if buying electrical equipment?
• Are the goods in working order?
• If there is a problem with the goods or work carried out, can I contact the trader again? - Never deal with anyone on the basis of a telephone or mobile phone number contact only.

If the answer to any of these questions is "NO". DON'T BUY!

It is also worth remembering that if the service was the result of an unsolicited call, consumers should receive a written notice describing the contract, the trader's details and clearly advising them of their right to cancel the contract altogether. In any case invoices given should contain details of the trader and any other contact particulars such as an address, a mobile phone number is not enough as you may not be able to trace the trader if things go wrong.

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said: "It is unacceptable that members of our community are being targeted by unscrupulous traders who are here for one day and gone the next depriving the people of South Ayrshire of their hard earned cash, taking away valuable income from local businesses and besmirching the reputation of honest traders."

Councillor Hunter added: "Consumers should make an informed choice when buying goods or services on their doorstep. Before parting with your hard earned cash seek advice from our Trading Standards Advice Centre which is open six days a week. I urge everyone dealing with itinerant traders to be cautious and to take the time to think about what you're being offered as genuine traders will allow you the time to think it over."

Anyone who wishes advice on this or knows someone who was the victim of a bogus trader should call the Trading Standards Advice Centre (Mon. -Sat.), on 01292 616060 or visit the Advice Centre at 5 - 7 River Terrace, Ayr.

This was the only alleged breach of the law discovered during Trading Standards' latest round of checks on tobacco sellers using young volunteers.

The operation follows recent changes to the Lord Advocate's policy, which now allows Trading Standards to use trained volunteers to test whether shops are obeying the law on underage sales. The volunteers, who are always 18 months younger than the age restricted product in question (for tobacco, 14 ½ or younger) always tell the truth to traders and never persuade or coerce them into making a sale. South Ayrshire Trading Standards Officers have been using the tactic to target premises that have been the subject of complaints from local people and other organisations such as the Police and Community Support officers.

Commenting on the operation, Councillor Hugh Hunter said, "Whilst it is heartening that the vast majority of local traders are responsible when it comes to underage sales, it is very disappointing to discover someone that will still, apparently, sell tobacco to children. If it is the case that the seller asked our volunteer's age and despite being told that it was fourteen, went on to sell the cigarettes, then examples like this provide justification for the tactic of enlisting the help of young volunteers to enforce the laws on underage sales. The future health and safety of South Ayrshire citizens demands that we take strong action to enforce this legislation."

Councillor Hunter went on, "I am very pleased that enforcement authorities are working together to combat underage sales in the South Ayrshire Community. There has been a lot of effort by Trading Standards and others to avoid the sale of dangerous or unhealthy products to young people. All retailers are visited and provided with advice and a pack of display and training materials that allows them to put the best systems in place. Test purchasing is our way of checking that such systems are being implemented and used correctly. We will continue to help the vast majority of the trade who are trying to obey the law, and we will target those who are determined to break it."
A spokesperson for Trading Standards added, "As a result of our investigations a 40 year old man will be reported to the procurator fiscal."
Trading Standards advise that any trader or employee who would like advice on the prevention of the sale of age restricted products such as cigarettes, fireworks, or solvents should contact them at the address below. Concerns regarding the sale of alcohol should be discussed with the Police.
All young people aged over 12 years within the School system in South Ayrshire are offered a Young Scot card free of charge. This card allows young people to get discounts for a number of leisure services and within many shops, it is also a PASS accredited Proof of Age Card. Anyone outwith the school system within South Ayrshire can get the card free of charge from the Trading Standards Advice Centre at 5/7 River Terrace, Ayr.

Trading Standards 'Red Cards' Substitutes!

South Ayrshire Council's Trading Standards Service has received an award from the International Federation of Spirit Producers in recognition of the work it has carried out to ensure unscrupulous bar staff or owners don't dupe the public with substituted spirits.

Phil Scatchard from the IFSP said, "Following a number of prosecutions by Trading Standards and name and shame articles in local newspapers across the UK the number of offending premises has been reduced from 1 in 12 outlets, or 8%, to 1 in 28 outlets or 3.5%. This saves consumers over £20 million every year. By giving this award, along with a financial contribution for professional development, we recognise the good work that local authorities such as South Ayrshire carry out in protecting consumers and reputable businesses alike."

A spokesman for Trading Standards said, "Our Officers are equipped with special 'substitution sticks' that can give an immediate indication as to whether the correct brand is being served. If this throws up any doubt we take formal samples for analysis. We have taken a number of samples in the past year and have reported several people to the Procurator Fiscal. Last year an Ayr publican was reported concerning allegations over gin and whisky and a 27-year-old man was fined a total of four hundred pounds at Ayr Sheriff Court for Trade Descriptions offences after he pled guilty to selling substituted gin at a pub in Mossblown."

Convener of South Ayrshire's Community Safety Committee, Councillor Hugh Hunter added, "In the vast majority of cases the licensed trade in South Ayrshire operates to the highest standards and it is in their interests that we take firm action against the few unscrupulous people that flout the law. We offer free training in Trading Standards law and best practice to bar staff to help avoid problems like short measure, brand substitution and overpricing. I am delighted that the often unnoticed work carried out by Council officers on the community's behalf has been recognised in this way."

The spokesman ended, "Apart from our sampling visits we rely on complaints from members of the public and indeed both the cases reported to the PF came to our attention as a result of information received. If anyone has any suspicions about drinks in this respect they should contact us at 5/7 River Terrace, Ayr, by telephone on 01292 616060

This is the time of year to go on holiday, relax and forget about your worries. However, at some point or another most of us have had aircraft boarding problems due to overbooking, delays or flight cancellations. To ensure your holiday is an enjoyable and memorable one, South Ayrshire Council's Trading Standards service have issued a reminder to consumers of their rights in cases where their travel plans are disturbed due to flight cancellations or lengthy delays.

A spokesperson said, "EU rules came into force last February to protect European air passengers flying out of a European airport or flying from outwith the EU with a European airline to a European airport. "

"Depending on the distance of your journey, if you are denied boarding due to an overbooking by the airline, you are entitled to compensation, a choice of either a refund or alternative transport and when necessary meals, refreshments and accommodation. The compensation can range from 250 euros (£170) for flights of 1500 kilometres or less (900 miles) to 600 euros (£400) for flights over 3500 km (2100 miles) outside the EU," (all conversions are approximate).

"The most common complaint from passengers is of being delayed at airports. If you are delayed by at least two hours for a flight of 1500 kilometre or less you are entitled to meals, refreshments and accommodation where necessary. The rules don't stop there as, if your flight is cancelled, you will be entitled to either a refund or alternative transport to your final destination and meals, refreshments and hotel accommodation where necessary."

"The operating air carrier must display a clearly legible notice at check-in stating, 'If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance."

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said, "I hope these rules provide some comfort for air travellers that are affected by the misery of cancellations or delays, especially in the case of families with young children. Holiday times are important to people and having to spend part of your holiday at an airport waiting for delayed flights can really spoil the occasion. Under the new rules airlines will have to be punctual or provide passengers with basic amenities to make their wait more bearable."

Councillor Hunter added, "However, not all airlines are happy to comply with the new protections so in some instances the airline will not make it obvious that you are entitled to anything. If that is the case then ask at the check-in counter or boarding gate for the text stating your rights and politely remind the airline of their obligations under the new rules."

Anyone that needs more information on the new rules can contact the Trading Standards Office at 5-7 River Terrace, Ayr or call 01292 616060.

For further information on your rights please click on the links to view and print the EU leaflet and explanatory poster

South Ayrshire Council's Trading Standards Section is warning overseas travellers this week to be vigilant when buying their holiday money from Bureaux De Change.

Following a recent investigation carried out within South Ayrshire, Trading Standards Officers were disappointed at the practices identified in some of the establishments visited.

The visits were carried out by Officers working in pairs. At three of the premises, the first officer, who didn't ask the exchange rate, was given a lower rate than the officer who had entered 10 minutes later and who did. This means that if a consumer didn't ask then they were losing out on £1.12 for every £25 spent.

A spokesperson from Trading Standards said, "There are Regulations in place that cover Bureaux de Change but some of the problems we have encountered are not caught within them. The practice of giving people better rates of exchange if they ask is not covered. However we feel that this is a practice that shouldn't be employed by reputable traders. If there was a statutory duty on all bureaux de changes to display their exchange rates for customers to view prior to purchase this would allow customers to shop around for the best deal. At the moment it is up to the individual establishment to decide if they want to display their rates which can contribute to the practices highlighted."

Councillor Hugh Hunter, Convener of South Ayrshire Council's Community Safety Committee said, "I must admit to being surprised at these findings as I, along with most people, wouldn't have thought that customers would need to actually ask the rate of exchange to get a fair deal for their holiday money."

Trading Standards also warned consumers to be vigilant for traders who are claiming 'Best Rate in town' as this is not necessarily the case. Councillor Hunter explained, "It became apparent during this project that consumers should definitely shop around to get the best rate as on one of the days checked the rate varied from 1.34 Euros to 1.40 Euros and that was between establishments that were only 3 minutes from each other. On this same day one of the travel agents claiming 'Best Rate in Ayr' was not and was worse by 1.9 cents."

The Trading Standards spokesperson continued, "We are currently speaking to the traders who breached the Regulations and will be notifying the head offices of the traders who are charging different rates to consumers. In addition we will also be passing our findings on to the Department of Trade and Industry recommending that steps are taken to tighten up the loopholes in this sector."

If anyone has any complaints about holidays and bureaux de changes they should contact us at 5/7 River Terrace, Ayr, Tel: 01292 616060

Have you received a leaflet through your door recently asking you to fill a bag with clothing for collection? If you responded did you believe you would be donating to a charity?

South Ayrshire Trading Standards are this week warning residents to read the small print on leaflets before donating their old unwanted items such as clothes, shoes and linen to door-to-door collectors in the belief that they were giving them to charity.

Trading Standards have been probing deeper into the issue after receiving complaints from several residents who alleged that leaflets they had received gave an impression that they were for a charity collection. On closer inspection of the leaflets it turns out that the door-to-door collection company is in fact a business and not a charity.

A spokesperson for South Ayrshire Trading Standards explained, "We have discussed the matter with the Advertising Standards Authority and the Charities Regulators but there appears to be nothing illegal about trading in this manner. Although a leaflet may state it is not a charity behind the collection, we would like this to be more prominent. We are trying to contact one Company behind this practice to request that they make the leaflet clearer to avoid any unfortunate misunderstandings. We have referred the matter to the Company's local Trading Standards Service in England to pursue the matter on our behalf and are also in contact with the Office of Fair Trading for their opinion."

The spokesperson added, "According to the enquiry by the Charity Commission for England and Wales into door-to-door clothing collections by charities, the Association of Charity Shops estimated that non-charity door-to-door clothing collections cost the charity sector a minimum of £1million per annum in lost revenue."

South Ayrshire Council's Community Safety Convener, Councillor Hugh Hunter said, "The generous public of South Ayrshire may be under the impression that by donating their old items in this manner they are helping disadvantaged members of society whereas in fact the door to door collection company is a business. If people are aware of this and are happy to donate their items then that is fine. However, if they specifically wish to help genuine bona fide charities then I urge them to scrutinise these door-to door-collection requests."

Councillor Hunter added,"Please remember some registered charities use this method of raising funds so don't assume every leaflet comes from a business. All we are asking is that householders should read the leaflet carefully before deciding to contribute their clothing. If you are in any doubt about the status of the collection company you can always donate your unwanted items to the local charity shops."

Trading Standards can be contacted Mon. - Sat. for any consumer related matter on 01292 61 60 60 or by visiting the Advice Centre at 5-7 River Terrace, Ayr.

In two separate operations South Ayrshire Trading Standards seized a large quantity of counterfeit goods. The first seizure was the result of a joint operation between Trading Standards and Ayr Police where a large quantity of fake clothing was seized from a stall at Ayr Sunday Market.

The market had been inspected in the morning and no problems found. However, when the officers returned later in the day they found a stall manned by two men from the Glasgow area that had a large amount of clothing on it. On closer inspection the Officers found what they suspected to be a quantity of counterfeit clothing, which included brand names such as Diesel, Dolce & Gabbana, Fred Perry, Henri Lloyd, Lacoste and Playboy. In total over two hundred items of clothing were being offered for sale to the general public and were on open display within the stall mixed with other non-branded garments.

The suspected infringing items were removed and are subject to examination by brand protection representatives of the companies' involved. The value of the genuine items is estimated at around £11,000, which is a considerable loss to the local retail trade.

A spokesperson for South Ayrshire Trading Standards said, "Shoppers should be aware that although these items seem a bargain at the time, they will not wash well and would most likely fade, lose shape very quickly and will need to be replaced negating the bargain element. Counterfeit clothes may often be identified as they do not have any care label, the quality of the print is poor or peels off and the overall quality of the garments is substandard. Another giveaway is the price. If a top costs £60 in the High Street and is being sold at the market for £15, then it may be fake and members of the public would be well advised to stay clear. Genuine items, especially designer names are not usually sold at market stalls for a fraction of the going price."

In a separate operation, Trading Standards seized over 100 DVD's from a man who was seen selling to members of the public in Ayr Newton Trading Estate. The haul came as a result of a tip off received from the public responding to the Trading Standards awareness campaign on the sale of counterfeit goods.

The man who had also been caught two weeks previously was selling the DVD's for £5 each. The haul included a number of pornographic titles, which had scenes of explicit sexual nature on the cover and were being openly offered to the public. All DVD's were seized along with a sum of money.

Both matters are subject to formal action and reports to the Procurator Fiscal are being considered.

Commenting on the findings, South Ayrshire Council's Community Safety Convener, Councillor Hugh Hunter said, "South Ayrshire prides itself on being an area that has a thriving economy with quality retail outlets. Illegal activities like counterfeiting seriously impact on legitimate traders who pay taxes and create employment locally. Counterfeiting will not be tolerated in South Ayrshire and it is encouraging to see that we are having an impact on this type of crime. "

Councillor Hugh Hunter added, "The public has a major role to play in eliminating this illegal trade and we would welcome any information that the public may have with regards to fake goods. If anyone has concerns about the sale of counterfeit goods or feels that they have been misled in the purchase of any goods, I would urge them to contact our Advice Centre for advice and assistance. You can also call in strict confidence on 01292 616060 or visit the office at 5/7 River Terrace, Ayr."

South Ayrshire Trading Standards Service this week seized a large quantity of alleged counterfeit and pornographic DVD's from a man believed to have been offering them for sale around local businesses in Ayr.

The haul comes on the back of a new Trading Standards initiative designed to crack down on the counterfeiters, whether they sell fake goods on the streets or from the comfort of their own home.

The alleged seller on this occasion, believed to be of Chinese origin, was apprehended following a tip-off from a member of the public about his activities.

The Trading Standards action followed reports that a man had been targeting businesses and factory units in the Newton area of Ayr selling illegal wares from a rucksack.

Amongst items seized by Trading Standards officers were a number of DVDs bearing the titles of films that have only just been given general release at the cinema, such as Mission Impossible III, Slither and Tristan & Isolde. One of the films, United 93, is not even due for UK cinema release until later in the summer.

Trading Standards have taken the opportunity to re-issue a general warning to the public reinforcing their crack down on counterfeiters pointing out that while members of the public might be tempted to have an early peek at DVDs of films which are being offered to them, the likelihood the films are of such poor quality as to be virtually unwatchable. Instead, the public should save their money!

A Trading Standards spokesperson said, "If you are offered a DVD or video cassette on the cheap, please don't be fooled into thinking that you're getting a bargain. The films recorded are typically filmed by someone in a cinema, with poor quality sound and vision and obscured views because of the other filmgoers. Anyone who wants to settle down at night to watch the DVD's will be sorely disappointed to have discovered they've wasted their time and money. What is also worrying is the large numbers of hardcore pornographic films that have recently been pedalled on the streets of Ayr. This kind of activity does not involve victimless crimes, and the sellers are typically linked to larger organised crime gangs."

Commenting on the haul, South Ayrshire Council's Community Safety Convener, Councillor Hugh Hunter said, "The seizure that has been carried out is particularly pleasing as it follows a new initiative by South Ayrshire Trading Standards to root out counterfeiters who not only sell around local businesses, but also those who think it's okay to sell fake films, music and software from their homes. The campaign involves targeted marketing urging members of the public to expose the counterfeit sellers who live amongst them. These criminals typically don't work, are often claiming benefits and yet still fund a very good lifestyle from their illegal sales."

Councillor Hunter added, "South Ayrshire is a thriving retail area and we wish it to remain that way. Local businesses suffer badly at the hands of the counterfeiters and a number of shops depend on the sale of genuine goods to survive. There has already been an effect on the South Ayrshire job front, with the closure of some legitimate video shops that had operated in South Ayrshire for a considerable time. Itinerant sellers of counterfeit films have become a real problem throughout

Scotland. Through this new campaign by Trading Standards we are urging members of the public to get in touch with information about counterfeit sellers, whether they are operating in the streets of South Ayrshire or even those 'on-line pirates' who think they can get away with it because it's in their own home."

If you have any information about any persons selling counterfeit goods, films music or software DVD's, Trading Standards are urging you to get in touch on 01292 606403.

• Do I want the goods or services?
• Can I afford them? Never pay 'up front' - you may never see your money again.
• Would I buy them if I saw them in a shop?
• Do I trust the seller?
• Are the goods safe if buying electrical equipment?
• Are the goods in working order?
• If there is a problem with the goods or work carried out, can I contact the trader again? - Never deal with anyone on the basis of a telephone or mobile phone number contact only.

• You are given a PO box number as their address.
• You are asked to send money up front - an administration fee or tax, (the list is endless but it's always a ruse to get you to give them money).
• You are asked to give them your bank or other personal details
• You are asked to ring a premium rate number (remember all UK premium rate numbers start with 090)
• You are told you've won a prize in a draw or a lottery (even though you haven't entered one)
• You receive an email or other documents that contain some obvious spelling mistakes."

• A lack of pricing displays and price lists available for consumers to shop around,
• A lack of clear information about who owns the business or whether they offer protection under a Trade Association
• Failures to provide detailed estimates to consumers
• 'Tying in' consumers to their service through their contracts with Local Authorities and the police (for example in the case of a 'sudden death').