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Aerosol Spray Paint - Worcestershire Regulatory Services

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<strong>Aerosol</strong> <strong>Spray</strong> <strong>Paint</strong>What Will Happen If I Sell <strong>Aerosol</strong> <strong>Spray</strong><strong>Paint</strong> To Under 16s?The law prohibits the supply of aerosol spraypaint to persons under 16. Those found guilty bymagistrates can be fined up to £2,500 under theAnti Social Behaviour Act 2003. <strong>Aerosol</strong> spraypaint is often used in graffiti vandalism and thislegislation was introduced to reduce the amountof graffiti.A person commits an offence if she/he sells anaerosol paint container to a person under theage of sixteen.<strong>Aerosol</strong> paint container means a device which:a) contains paint stored under pressure, andb) is designed to release the paint as a spray.What Can I Do To Stop Sales To Under 16s?• 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.What is Challenge 25?It can be difficult to judge the age of someoneasking for age restricted sales, therefore sellersshould challenge any person who looks underthe age of 25 and refuse to serve them unlessthey provide proof of age. Posters are availableto warn customers that anyone who looks under25 will 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?<strong>Worcestershire</strong>’s Responsible Retailer Scheme(S.T.A.R.) is aimed at traders who sell agerestricted products in the county and asks themto sign up to a Code of Conduct and activelypromote the Challenge 25 Scheme. Retailersalso agree to receive training from TradingStandards for themselves and their staff. Thetraining package is a short 30 minute sessionwhich provides practical information and allowsstaff to ask advice from a Trading Standardsperson.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 <strong>Aerosol</strong><strong>Spray</strong> <strong>Paint</strong> To Someone Under 16?Defences• You must show that you took allreasonable steps to determine thepurchaser's age.You must show that you reasonablybelieved the purchaser was not underthe age of sixteen andYou took all reasonable steps to avoidthe commission of the offence.If I Know Someone Is Selling <strong>Aerosol</strong> <strong>Spray</strong><strong>Paint</strong> To Under 16s How Can I Report This?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 <strong>Worcestershire</strong><strong>Regulatory</strong> <strong>Services</strong>Consumer Advice - regarding issues relating to‘Consumer goods or <strong>Services</strong>’ contact CitizensAdvice Consumer Service on 08454 040506,alternatively research your consumer rights onthe HM Government, DirectGov websitewww.direct.gov.ukBusiness Advice only - telephone 0845 3303313, or emailwrsenquiries@worcsregservices.gov.ukGeneral Customer Enquiries - contact the<strong>Worcestershire</strong> Hub on 01905 822799 (Mon –Fri 8am-8pm, Sat 9am-5pm) or visit your localCustomer Service Centre. Opening times andlocations can be found at www.whub.org.ukPostal address – <strong>Worcestershire</strong> <strong>Regulatory</strong><strong>Services</strong>, PO Box 866, Worcester, WR1 9DPFind us on Facebook:facebook.com/worcsregservicesFollow us on Twitter: @worcsrsTS2913

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