Tobacco Products - Worcestershire Regulatory Services

Tobacco ProductsWorcestershire Trading Standards Service isresponsible for enforcing legislation that dealswith the sale of tobacco products to the under18s.The LawIt is an offence to sell tobacco products (whichincludes cigarette papers), to persons under theage of 18, even from a vending machine on yourpremises. The maximum fine is £2500.It is illegal to sell loose cigarettes; they must besold in their original packaging of 10, 20 or 25with the required health warnings. Themaximum fine for selling loose cigarettes is£1,000.Vending Machines.The law also applies to cigarette vendingmachines. Magistrates have powers to regulatethe use of machines or even have themremoved if they have reason to believe theyhave been used by anyone under 18.To ensure that under 18s do not use themachines they should be in a position wheresales can be supervised, not in a lobby orcorridor out of view.What Warning Notices Should I Display?The law requires all tobacco retailers to displayprominent warning signs which state: 'It is illegalto sell tobacco products to anyone under theage of 18'. These must be at least A3 in sizewith lettering not less than 36mm high anddisplayed in a prominent position clearly visibleto customers and staff at the point of sale.Retailers should remember to replace noticesafter shop refurbishment. These notices areavailable from Trading Standards.Vending Machine NoticesAll machines must display a warning notice,which says; 'This machine is only for the use ofpeople aged 18 or over'. The sign must be60mm x 100mm and the characters 6mm high.Vending machine notices can also be obtainedfrom the National Association of CigaretteMachine Operators, 2 Waymills IndustrialEstate, Whitchurch, Shropshire SY13 1TT Tel:01948 664850 Fax: 01948 663671.If you fail to display a warning notice, itmeans you could be fined up to £1,000.What Information Should Be On TobaccoProducts?Since the 1st of July 2000, the law requires thatDuty Paid is shown on all packets of cigarettesand pouches of hand-rolling tobaccomanufactured, or imported, for sale in the UK.It is a criminal offence to possess, display, sellor deal in products, which do not carry a dutypaid fiscal mark. It will also be a criminal offencefor a manager to sell, or allow the sale on hispremises of products, which do not carry a dutypaid fiscal mark. The maximum penalty for bothoffences is £5,000.If you have information concerning the illegalsales of tobacco goods, you can contact yourlocal Customs and Excise office in confidence atthe following freepost address:-Customs Confidential, Freepost, SEA 9391,P.O. Box 100, DA12 2BRCustoms and Excise Free 24 hour Hotline - Tel0800 59 5000Email - customs.confidential@hmce.gsi.gov.ukTobacco LabellingHealth WarningsBigger, bolder health warnings have beenintroduced and are now appearing on packs.Picture warnings, which highlight the danger ofsmoking, have been put on cigarette packets totry and persuade people to give up. The graphicimages will be shown on other tobacco productsfrom 1st October 2009.

What Can I Do To Stop Under 18s Being SoldTobacco Products?Follow these precautions:• Challenge 25.• Display appropriate posters, point of salematerial and window stickers to dissuadeyoungsters from trying to purchase andto remind your staff not to sell.• Train all your staff on the law, and givethem practical training on how toquestion and refuse sales. (Keep recordsof the training and reminders given).• Give advice to your staff about what AgeID cards are acceptable.• Support staff if refusals are made.• Keep a log of 'refused sales'.• Use CCTV cameras to spot potentialproblems early.• Liaise with local policing teams if youhave any antisocial behaviour in oraround your premises.• Staff, especially those under 18, willneed support if they are refusing salesand we recommend that staff under 18are not left unsupervised at the till.What Is Challenge 25?It can be difficult to judge the age of someoneasking for tobacco, therefore sellers shouldchallenge any person who looks under the ageof 25 and refuse to serve them unless theyprovide proof of age. Posters are available towarn customers that anyone who looks under 25will be asked for proof of age.What Is A Refusals Register?All refusals should be recorded on a RefusalSales Sheet or a Refusal Book. Maintaining arefusal book will strengthen a case for duediligence. Logs should be checked by the owneror supervisor to ensure that all members of staffare using them.Refusal registers are available from TradingStandards.What Forms Of I.D. Should I Accept?You should only accept the following forms ofidentification, which include photographicidentification:• A Passport (www.ukpa.gov.uk)• A Photo Driving Licence(www.dvla.gov.uk) or Local Post Office• A Citizencard (Tel: 01782 741982)(www.citizencard.com)• Other PASS Scheme approved card(http://www.pass-scheme.org.uk/)Always look for the PASS hologram to ensurethat it is a genuine proof of age card.You must be careful to ensure that any proof ofage document is genuine. DO NOT ACCEPTPHOTOCOPIES.Where Can I Get Help And Training?Worcestershire’s Responsible Retailer Scheme(S.T.A.R) is aimed at tobacco sellers in thecounty and asks them to sign up to a Code ofConduct and actively promote the Challenge 25Scheme. Retailers also agree to receivetraining from Trading Standards for themselvesand their staff. The training package is a short30 minute session which provides practicalinformation and allows staff to ask advice from aTrading Standards person.The S.T.A.R scheme (STOP, THINK, ASK,REFUSE) helps to give staff the knowledge andconfidence to refuse sales to anyone that theybelieve is under age.To become a responsible retailer and receivefree training contact us at: (tel) 0845 330 3313(Email) tssbusinessadvice@worcestershire.gov.ukAre There Any Defences If I Sell TobaccoProducts To Someone Under 18?It is a defence if you can show you took 'allreasonable precautions and exercised all duediligence' to avoid committing an offence. Thismeans having a system of control and makingsure that it operates properly. What is'reasonable' will depend on the size of thebusiness and the number of staff employed.As best practice you should employ theprecautions detailed above. (What can I do tostop under 18s being sold Tobaccoproducts?)TS2914

If I Know Someone Is Selling TobaccoProducts To Under 18s How Can I ReportThis?To help us to crack down on under age sales,contact Consumer Direct on 08454 04 05 06 oremail us atunderagesales@worcestershire.gov.ukHow to contact Worcestershire Regulatory ServicesConsumer Advice - regarding issues relating to ‘Consumer goods or Services’ contact Citizens AdviceConsumer Service on 08454 040506, alternatively research your consumer rights on the HMGovernment, DirectGov website www.direct.gov.ukBusiness Advice only - telephone 0845 330 3313, or email wrsenquiries@worcsregservices.gov.ukGeneral Customer Enquiries - contact the Worcestershire Hub on 01905 822799 (Mon – Fri 8am-8pm,Sat 9am-5pm) or visit your local Customer Service Centre. Opening times and locations can be found atwww.whub.org.ukPostal address – Worcestershire Regulatory Services, PO Box 866, Worcester, WR1 9DPFind us on Facebook: facebook.com/worcsregservicesFollow us on Twitter: @worcsrs