Trading Standards
Age Related Sales
How Do I Protect My Business and 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.
Remember NO PROOF…NO SALE!