Age restricted sales
There are a number of goods which can only be sold to people who have reached a certain age. This guidance leaflet is designed to help you to understand the law relating to some of those products. It is not meant to cover all age restricted products. If you are in any doubt about a product not mentioned in this leaflet, you should seek advice.
The following is a list of answers to your most commonly asked questions.
What are the most common goods which have age restrictions on their sale?
Goods such as alcohol, cigarettes and tobacco products (including papers), fireworks, solvents, lottery tickets/scratch cards, videos, video and computer games, knives and, from 1 October 1999, refills for cigarette lighters all have age restrictions on their sale.
Is the age restriction the same for each class of goods?
No. Some are 16 and some are 18. Some, such as videos, video games and computer games have a sliding scale, where the age depends on the content of the product.
What are the restrictions for the individual goods?
You must not sell the following products to persons under the age listed:
| Product | Age under which they must not be sold |
|---|---|
| Cigarettes/tobacco products in their original packaging. (You cannot sell loose cigarettes to anyone.) | 18 |
| Alcohol | 18 |
| Fireworks | 18 |
| Solvents | 18 if you believe they are to be used for intoxication |
| Cigarette lighter refills, containing butane or a compound of butane | 18 from 1 October 1999, regardless of their intended use |
| Lottery tickets/scratch cards | 16 |
| Videos etc | 18,15,12, PG, U depending on the age restriction marked on the product |
| Knives | 18 |
What if I sell these goods to a person under the age listed above?
You will commit a criminal offence for which you could be prosecuted. If found guilty, you could be fined and, in some circumstances, sent to prison.
How can I avoid committing an offence?
It is quite possible that some underage children/young people will attempt to purchase age restricted goods from your business. Unless you actually know the age of a young person you should not sell any of the listed goods without first asking for a suitable form of identification which shows that person's age.
If you employ staff, or trust people to stand in for you while you are away from your business, you should ensure that they are aware of the law and what steps they should take in order to verify the age of a person asking for any of the listed goods. Ideally, the training you give them should be confirmed in writing and you should get your member of staff to sign for receipt of that written confirmation and that they have understood it. You should also keep copies of that signed confirmation to produce at a future date, if required to do so by an officer authorised to enforce the law.
There will be instances when you, or your staff, will have to check the age of a person asking for any of the listed goods, by asking them to prove their age. Acceptable proof of age documents should include a photograph of the person with their date of birth and/or age. Examples of acceptable proof of age documents include:
- Validate Card
- Citizen Card Current
- Valid passports
- The new style driving licence card
Other proof of age cards may be acceptable. As an example, both Bury MBC and Stockport MBC operate their own proof of age card.
What can trading standards do to enforce the law in this area?
We are always willing to advise traders who are willing to comply with the law and that is the purpose of this leaflet. We will, however, take a very dim view of those traders who flout the law. We periodically enlist the assistance of young persons to test traders to see if they are prepared to break the law. Any trader who abides by the guidance in this leaflet should not fear these attempted purchases, as their systems should ensure that a sale is not made.
Are there any other things I need to do with regard to age restricted products?
Most videos, etc. are required to have their age restriction marked on them. Premises selling cigarettes, tobacco etc. are required to display a notice stating:
- It is illegal to sell tobacco products to anyone under the age of 18
If you sell tobacco products via a vending machine, that machine should bear a notice stating:
- This machine is only for the use of people aged 18 or over
You need to ensure that the products you sell (or hire) are correctly labelled as stated above.
What is the most important piece of advice you can be given?
Don't be afraid to ask young people for identification and if the person cannot prove their age, DO NOT SELL!!
Please note that this information is for guidance only and is not a full interpretation of the law which only a court of law can give.
This page was last updated on 4 October 2009
