Cigarette machines

Most consumer laws control the quality and safety of goods and services. Some restrict the sale of goods to certain people. Tobacco products are one of such a range of goods. The law restricts the sale of cigarettes to those aged 18 or over. This applies to both over the counter and vending machine sales.

These guidance notes are aimed at establishments which have a vending machine for cigarettes and have responsibility or ownership of the machine.

What legislation covers cigarette machines?

The Children and Young Persons Act 1933 (Children and Young Persons (Protection from Tobacco) Act 1991) as amended, makes it an offence to sell cigarettes to a person under 18, whether by machine or over the counter. If you have a vending machine you must have a sign on it which reads as follows:

• This machine is only for the use of people aged 18 and over

The sign should be at least 60mm x 100mm and each character a minimum of 6mm in height.

If you sell tobacco (including cigars) over a bar or from a kiosk you must have a sign which says:

• It is illegal to sell tobacco products to anyone under the age of 18

This sign must be at least 297mm x 420mm. The characters must be at least 36mm high.

Each of these signs is available free of charge from us. Failure to display the required sign is an offence.

Your defence

The only defence for selling cigarettes to a person under 18 is that you took all reasonable precautions and used all due diligence to prevent the offence occurring. Excuses like " I couldn't see the child"; "I thought he looked 18"; "They told me they were 18" or "She said they were for someone else "do not constitute reasonable precautions.

If you are in doubt you must refuse to sell. ID can be borrowed - do not rely on it unless it contains a photograph you recognise as being the person wanting to make the purchase. It is not illegal for a child to buy cigarettes or to smoke, but it is illegal for you to sell them to persons under the age of 18.

How to prevent offences?

Have your vending machine where a member of staff can see it at all times. Avoid placing it in out-of-the-way places like unattended corridors, especially if the machine can be used by someone coming in off the street without entering the bar area.

If your premises are near a school, keep a special watch on the machine at lunchtime and at the end of the school day.

If in doubt always ask for proof of age. The only foolproof ID is an official document with a photograph, such as a passport.

Ask regulars to point out any children who look under age - the same as if you were looking for under age drinkers. Challenge anyone you think is under 18 and ask them not to use the machine, pointing out the statutory notice.

Penalties

If you do not have a required sign, or if you display one which does not comply with the law, you could face a fine of up to £1,000.

If you sell cigarettes to a person under 18 through a machine or by any other method, you could face a fine of up to £2,500.

A court could also force you to move your vending machine or have it removed.

About Trading Standards

Trading Standards Departments have a duty in law to enforce this legislation to protect the health of young people. Our job is to advise traders and when necessary prosecute those who break the law. Under strict Home Office guidelines, we are permitted to inspect premises using children to make test purchases. These visits are unannounced and can happen at any time.

If a trader is found to be allowing under 18s to buy cigarettes from their machine he/she can expect to be interviewed under caution and legal proceedings could follow.

However, we would rather see traders get it right than face prosecution. That is why we have produced these guidance notes.

Please make sure all your staff read them and understand the severity of the offence and the importance of protecting young people from tobacco.

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