Underage sales advice for businesses

Don't ignore it. Report it
A number of consumer goods are age restricted, making it illegal to sell or supply them to people who have not reached the required age (i.e. selling alcohol to under 18s).

Laws relating to underage sales exist to safeguard the health of young people and reduce community disorder.

If you know of a retailer selling age restricted products to people under the age of 18, you can report it to Trading Standards 08454 04 05 06.

Think 21
Wirral Trading Standards, in partnership with other agencies,  operate a "Think 21" campaign.  It is aimed at encouraging licensed premises to challenge anybody who looks under 21 for proof of age.

It is easier for staff selling alcohol to distinguish between somebody who is under 21 than somebody who is under 18. If somebody challenged then produces valid proof of age, to show they are over 18, they will then be served.

Trading Standards are asking all licensees in Wirral to voluntarily adopt this scheme as a standard across the Borough.

We understand that customers may take offence at being asked to prove their age at first, but the more they are asked, the less likely they are to take offence.

Advice For Retailers  
Some of the legislation governing underage sales have defences available, namely that the accused took all reasonable precaution and exercised all due diligence to avoid committing the offence.

Make sure that all staff who serve customers are aware of the age limits for the products. Having a notice in the shop will inform customers of the age limits and act as a reminder to staff.

It can be difficult to guess how old a person is. Young people nowadays look a lot older than they are. The best way to find out a person's age is to ASK THEM.

If they say they are over 18, ask if they have any proof of age. If not, do not serve them.

Acceptable proof of age documents include:

  • Passports
  • Photographic Driving Licence
  • Proof Of Age Cards (i.e. Citizen card , Validate)

Birth certificates are not an acceptable method of proving a person's age. How do you know it is their birth certificate and does not belong to a brother/sister?

Be careful with driving licences as they can be issued when a person is 17 years old. Always look at the date of birth and check that the person is 18.

Age Restricted Items
The following table shows age restricted items along with the relevant legislation, and applicable punishments.

 

Product Age Limits

 

Legislation 

 

Maximum Penalty

Tobacco products
(Including cigarettes, cigarette papers, etc.)

18

Children and Young Persons
(Protection From Tobacco) Act 1991

Children and Young Persons Act 1933

£2,500
Lottery tickets/scratchcards 16

National Lottery, etc. Act 1993

National Lottery Regulations 1994

£5,000 and up to 2 years imprisonment

Offensive weapons
(Knives, knife blade, axe, any other article which has a blade or is sharply pointed and which is made or adapted for use for causing injury to a person)

18 Offensive Weapons Act 1996  £5,000 and up to 6 months imprisonment
Alcohol 18 Licensing Act 2003 £5,000 and loss of licence
Fireworks 18 Fireworks (Safety) Regulations 1997 £5,000 and up to 6 months imprisonment

Volatile substances/solvents
(when it is believed that they are likely to be inhaled or are for the purposes of being intoxicated)

18 Intoxicating Substances (Supply) Act 1985 £5,000 and up to 6 months imprisonment
Lighter refills containing butane 18 Cigarette Lighter Refill (Safety) Regulations 1999 £5,000 and up to 6 months imprisonment
Video Recordings (including Computer Games) 12,15,18 Video Recordings Act 1984 £5,000 and up to 6 months imprisonment