A new national
'smoking in public'
law came into effect on 1/7/07.
For advice on and how this
may affect your
business please look
at the Council's website
or go to the
Smoke Free England
Website.

Age Restricted Products
Advice for Businesses

• What are age restricted products
• Staff Notes
• Legal defences
• Test purchasing
• Obtain a free copy of our CD Rom

What are age restricted products

UK legislation prohibits the sale of some products to persons under certain ages. The following information is intended to inform North Somerset businesses of the laws relating to the sale of those products.

Product	Only to be sold to persons aged:-
Alcohol	18 and over
Tobacco products	18 and over (including from vending machines)
Fireworks	18 and over
Video and DVD Classification 12 15 18	12 and over 15 and over 18 and over
Gaming machines with prizes over £5 in cash (£8 in tokens) Category B, C	18 and over
Knives (blades and axes)	16 and over (under review)
Lottery tickets and scratch cards	16 and over
Petrol	16 and over
Solvents and lighter refills	18 and over
Spray paints	16 and over

Staff Notes

North Somerset Trading Standards Service has joined forces with the other Trading Standards Authorities across the South West of England to produce a CD Rom detailing all the issues surrounding age restricted products. The CD includes a short film and some staff notes.

If you are the owner of a business in North Somerset involved in the sale of any of the above products, you are strongly advised to read the notes. Furthermore it is vitally important to ensure that all of your staff are fully aware of their responsibilities.

The Staff Notes (not the full CR Rom) can be
downloaded and/or printed here. (pdf)

The notes cover all the following issues:-

• Samples of acceptable 'proof of age'
• Guidelines to follow
• Checking 'proof of age'
• How to refuse a sale
• What the law says
• Penalties for illegal sales (including on the spot fines)

Legal defences

If you and your staff follow these guidelines it will help to show you are taking ‘all reasonable precautions and exercising all due diligence’. This is legal-speak to say that you have behaved in a way that can provide a defence in law if an illegal sale takes place. You must be able to show that you are doing all that you possibly can to make checks. This is what the courts would look at should an illegal sale take place.

What is ‘reasonable’ will be different for smaller premises than for a large national chain.

Test Purchasing

Trading standards staff employed by the local council check that the law is followed and can carry out test purchases of all age restricted products as part of their enforcement duties. Police officers may also carry out such exercises with regard to alcohol sales. The test purchases will be made fairly, with volunteer young people who look their age. These test purchases follow procedures supported by the government. They are allowed as evidence of under age sales and are not a trap. Following the guidelines in this booklet and asking for proof of age should make sure that you don’t make an illegal sale.

Obtain a copy of our CD Rom about age restricted products

To obtain a free copy of our CD Rom, which includes a short film, the Staff Notes and a wealth of other valuble material, please contact us

North Somerset Council, Trading Standards Service, Somerset House, Oxford Street, Weston super Mare, Somerset, BS23 1TG
Telephone: 01275 884118    Fax: 01275 888683
Electronic Mail: trading.standards@n-somerset.gov.uk