Restricted Sale Of Premises Order
It is important to ensure that your staff and you are familiar with what products are age-restricted. As a retailer, you rely on the snap decisions of your staff to prevent underage sales, therefore, it is your responsibility to ensure that they are properly trained and are confident with their skills to challenge for ID.
We recommend displaying our A3 statutory Tobacco poster and if you sell fireworks you will also need an A3 statutory fireworks notice (not supplied in the packs; available for download). This acts as a reminder of what goods are age-restricted for your staff and, if in doubt, as a quick reference. It also acts as a good deterrent for underage customers attempting to buy age-restricted items. It may make them think twice knowing that your staff is alert and checking.
If your store gets caught selling tobacco to minors twice within 2 years, a conviction on a 3rd illegal sale can result in a Restricted Sale of Premises Order. A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco to any person.
Preventing Underage Sales
Children should not smoke, drink alcohol, play with fireworks or take part in the lottery. To safeguard against underage sales, there are a number of simple steps that even the smallest business can put in place.
Retailers must ensure that staff understand:
- the age restrictions on the products for sale
- which forms of proof of age/ID are acceptable
- if in doubt of a person’s age, they should ask for proof of age
- if the doubt remains, the sale should be refused
- what to do in the event of a refusal
An up-to-date record should be kept of the training given to staff. For convenience, you should make good use of the Refusals Register included in our free Retail Packs.
Although the law only requires the warning notices in respect of sales of tobacco and fireworks to be displayed, retailers should make good use of all space available for other information posters and warning notices. These notices should jog the memory of staff as well as acting as a deterrent for underage customers.
Challenging Young Adults For ID
Young customers should always be challenged for ID, even if they look like they might be old enough. You and your staff should never try to guess someone's age, if in doubt, it is always better to check and ask for proof of age/ID. If a customer does not have their driving licence or passport, you should look for the PASS hologram on any proof-of-age card. Make sure the ID is checked carefully; look for tampering, the relevant security features and check the date of birth thoroughly. It is often useful to have a note on the till with the year of birth for today's 18-year olds.
Retailers should be clear with their staff over what is accepted as valid proof of age. We recommend that you only accept:
- proof of age cards that carry the PASS hologram such as a CitizenCard or Young Scot card
- passports
- driving licences
- EU national identity cards
CitizenCards can be validated online at verify.citizencard.com. You can use the free PASS Card Verify app to validate any CitizenCard (including the Post Office PASS card), My ID Card, TOTUM NUS card or Young Scot card. Simply take a photo of the card using the app to confirm its authenticity and ensure it can be trusted.
If a young customer does not have valid identification, encourage them to apply for a discounted ID using the CitizenCard application forms provided in the retail pack. These forms can be conveniently placed near your till for easy access.
Lay Out Your Store Clearly
Retailers selling products, such as, alcohol, tobacco and fireworks are on the front line in preventing the underage sales of these products and need to think carefully about how to lay out their store. They should keep as many of the age restricted goods as possible behind the counter. Tobacco products must be stored out of sight. That way, customers will need to ask for them, giving your staff an added opportunity to assess their age. If all of your age-restricted goods do not fit behind the counter, keep them in direct sight of your staff and not hidden away at the back of the store. The courts have said that if you set out your store in a disorganised and careless manner, it may prevent you from defending any prosecution brought by Trading Standards for underage sales.
To combat underage sales, retailers should consider not only where to place their goods but also how to strategically display materials from our free Retail Packs. If your store sells tobacco or tobacco-related products, you are required to display the A3 statutory Tobacco notice (01). We recommend placing it prominently at the top of your tobacco gantry or on its sliding doors. This ensures the bold yellow poster is visible from all heights, reminding customers that they must be of legal age to purchase tobacco products. Encourage your staff, especially those working at the tills, to wear 'No ID, No Sale!' badges (03) on their uniforms. These badges demonstrate your commitment to underage sale laws and your proactive approach to ID checks. Additionally, keep paper CitizenCard application forms (04) near the tills. These forms allow you to quickly assist customers who are unable to present valid ID, directing them to apply for a discounted CitizenCard. Each pack includes 25 forms for your convenience.
Place information posters, such as the A3 Age Restricted Items poster (02), which is available for download, and the A4 'Under 25' poster (05), included in the retail pack, near your till area. These posters effectively inform customers about the products and services that require identification. They also highlight that your store enforces the 'Challenge 25' scheme, encouraging customers to be prepared to present valid ID when necessary. Displaying these posters prominently ensures customers are aware, even as they enter your store, that you actively comply with underage sales laws.
A3 Statutory Tobacco Notice - legal requirement if you sell tobacco, or tobacco related products in your store
A3 Age Restricted Items Poster - lists all age restricted products and services in the UK to back up any refusals you may need to make in your store
'No ID No Sale!' badges - show the customer that you are aware of the underage sale laws and are actively challenging for ID
CitizenCard Application forms - keep these near your till, in order to quickly be able to advise somebody to apply for a CitizenCard, if that person was unable to produce a valid ID
A4 'Under 25' Poster - prepares customers to show their ID if they look under 25 and attempt to purchase an age restricted product
Keep Your Records
Tell your staff to keep a record of any refused sales. You can either set your till up to do this or use the Refusals Register included in your retail pack. The 'No ID, No Sale!' Refusals Register contains easy-to-read instructions on the inside cover, and 6 pages for your refusal records, including an example on the first line on how to sufficiently fill this out. Regularly check the record to see if your staff are properly logging refusals – an empty log may indicate refusals are not being made and more training is needed. Also keep a copy of any training provided.
If It Goes Wrong
Local Trading Standards officers actively enforce this legislation and one slip up can put your business and licences in jeopardy. If you do fail an official test purchase, they will tell you within a few days. You should be prepared to be re-tested in the next few days and certainly within 3 months. If you fail again, the penalties can be four times higher. Set regular reminders for your staff to emphasize the importance of effectively checking ID when selling age restricted items. You should carry out refresher training for your staff at least once every three months.
