Entertainment & alcohol licensing

News: Under 18’s and tobacco sales

  • Date: 21/09/2007
  • Author/Solicitor: Andrew Grimsey

From 1st October 2007 the Law for selling tobacco will change. It will be illegal to sell tobacco products to anyone under the age of 18 (previously 16) in England and Wales. The definition of tobacco products includes loose rolling tobacco, rolling papers, cigarettes and cigars.

The Law will obviously apply to cigarette vending machines as well as over the counter sales. For counter sales, you must have a sign of at least A3 in size and stating "It is illegal to sell tobacco products to anyone under the age of 18" in letters at least 36mm high. This should be in a position where it can be clearly seen by anybody wishing to buy tobacco products.

If you have cigarette vending machines, the sign must state "This machine is only for the use of people aged 18 or over", must be at least 60mm x 100mm with letters at least 6mm high, and be placed somewhere that is clearly visible to anyone using the machine.

So far as enforcement goes, Trading Standards will continue to be the enforcing authority. Failing to display the statutory notice at either the counter or on vending machines could result in a fine of up to £1000, and for selling tobacco to under 18's, up to £2500. Both owners of the machines and owners of the business can be prosecuted, as can staff.

There is a "due diligence" defence, but you don't want to be having to rely on it if at all possible. Due diligence would of course include adequate training of staff, and a proof of age scheme. Have your staff sign the training book, keep a refusals register, and ensure that staff are aware that there may be some 16/17 year olds who are unhappy about being refused cigarettes that the week before you could sell to them legally.

This new legislation may not stop some 17 year olds from having a crafty fag behind the bike shed, but it is important to ensure that you didn't provide them.

For further information contact Andy Grimsey, Solicitor at Poppleston Allen