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Preventing under-age sales (Leaflet 351)

Date: 13 June 2007

Preventing under-age sales

Refusing under-age sales is a common trigger for abuse, intimidation and even violence against shopworkers.

Selling age-restricted products, even by mistake, can result in shopworkers being sent to court and given a large fine.

Usdaw recognises the difficulties faced by staff from youngsters attempting to purchase age-restricted goods.

Use this advice. Ask for support.

Age-restricted products

It can be very difficult to assess a young person's age. Many young people become abusive or threatening when refused a sale.

It is still the responsibility of shopworkers to ensure that they do not make an under-age sale on a wide variety of products.

Trading Standards Officers are encouraged to conduct 'sting' operations to try to catch out shopworkers making under-age sales. The penalties are severe.

Item Minimum age

Knives, blades and similar items 18 (from 01/10/07)

Liqueur chocolates 16

Cigarettes and tobacco 18 (from 01/10/07)

Lottery tickets and scratch cards 16

Petrol 16

Party poppers and caps 16

Aerosol paints 16

Air guns and pellets 17

Alcohol 18

Fireworks 18

Solvents (if not for intended use)* 18

Butane gas lighter refills 18

Videos, cinema and computer games 12, 15 and 18

*It is legal to sell solvents to under-18's if you believe they will be used for their intended purpose. But it is illegal if you have reason to believe they may be used for inhaling.

What the law says

It is an offence to sell an age-restricted product to a young person who is under age.

To avoid prosecution, the seller has to 'take all reasonable steps' to avoid serving under age customers:

If in any doubt, ask the age of the purchaser.

If you are still even slightly unsure, ask for proof of age.

If there is no valid ID, refuse the sale.

If the seller is charged with making an under-age sale, but can prove that they took these reasonable steps, they will escape prosecution.

Penalties for making an under-age sale

Alcohol

�80 Fixed Penalty Notice (on-the-spot fine) for first offence.

Court appearance and/or fine of up to �1,000 for subsequent offences. Most fines are in the region of �500.

Removal of liquor licence for persistent offences.

Tobacco and aerosol paints

Maximum fine �2,500.

Other products

Maximum fine �5,000 and/or six months prison.

Penalty for attempted purchase of alcohol

It is an offence for a minor to buy or attempt to buy alcohol.

The penalty is a �50 on-the-spot fine.

What you should do

If your job involves selling age-restricted goods, you should follow the letter of the law. If in any doubt at all, refuse the sale.

Training: Insist on training from your employer on company procedure for age-restricted sales and to inform you of all relevant legislation.
Ask: Always ask the customer's age if they appear to be under 21.
Proof: Request proof of age when appropriate. Only accept photo ID with the PASS hologram logo, or picture driving licences, passports or a local card scheme if it is supported by your Trading Standards Department.
No ID, no sale: Ask your employer to display 'No ID, No Sale' notices (available at www.citizencard.com).
Refusals register: Keep a register which will prove that you do refuse sales when in doubt. Make sure your manager signs the register every day. You can obtain a Refusals Register at www.citizencard.com.
Penalties: Point out that you could get fined for making an under-age sale. A young person could be fined �50 for attempting to buy alcohol if they are under 18.
Abuse: Know company procedure for dealing with customers who become abusive when refused a sale. Report all incidents of abuse, threats or violence to your line manager and keep a record. This could be used to ban the young person from the store, or as police evidence for an ASBO.
Stay calm: You may have a long queue at your checkout and feel under pressure to rush. Don't let this stop you asking for proof of age.
Be polite but firm: Other adults in the queue will understand your dilemma and appreciate your determination not to break the law.
If in doubt, refuse the sale: Call the manager or ask a colleague for assistance.

Support available

Your company

Your company has a duty to ensure that staff do not make under-age sales. Therefore, they need to give you the training and support necessary. Some retailers, while not condoning under-age sales, offer staff support and representation if they are being prosecuted due to a 'sting' operation by Trading Standards Officers.

Your company also has a duty of care to protect you from violence and threats at work. If you are suffering intimidation and abuse, ask for support and a risk assessment. See Usdaw's Freedom From Fear campaign materials for further advice.

Usdaw

If you are subject to abuse, threats or violence, contact your Usdaw rep or Area Organiser for support in doing a risk assessment and ensuring practical measures are taken to protect you.

Usdaw in no way condones under-age sales but we do support members who are subject to 'sting' operations.

If you are a member of Usdaw and subject to a 'sting' operation, contact the Legal Department as soon as possible on 0161 224 2804.

Trading Standards

Ask the Trading Standards Department at your local Council to come and give you advice about preventing under-age sales.

Check which local ID card schemes they authorise.

Police

Contact the police for support in dealing with persistent offenders.

Ask if they will come and make on-the-spot fines if you report attempted under-age purchases of alcohol.

Ask what evidence you will need to keep for them to take anti-social behaviour measures against those who abuse and intimidate staff.

Usdaw's Freedom From Fear campaign

Freedom From Fear is Usdaw's award winning campaign against abuse, intimidation and violence against shopworkers.

Usdaw is campaigning for a national Proof of Age scheme for youngsters and a compulsory No ID, No Sale policy to cut the number of attempted sales and help protect shopworkers.

To help our campaign, or for support, advice and practical measures you can take to make your store safer, visit our online Freedom From Fear campaigns section.

Get better protected at work - join Usdaw

To get the best protection at work, join Usdaw, the shopworkers' union. See join rates for more information.

Usdaw offers you help and advice on your rights at work, and health and safety, as well as free legal services.

Preventing under-age sales (Leaflet 351) was correct at date of publication June 2007.

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