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Trading Standards ...

Under Age Sales

There are strict laws prohibiting the sale of certain items eg alcohol, tobacco and fireworks to young people as they are considered to present real risks to their health or welfare. It is illegal for age restricted goods to be sold to those who are below the specified age limit. A trader can be prosecuted for making an illegal sale.

Why do I need to be concerned?

Ignoring the risks of using restricted products under age can lead to:

  • Long term health risks from tobacco and alcohol abuse.
  • Serious injury or death from fireworks or solvent abuse.
  • Being drawn into criminal anti-social behaviour and educational under-achievement

North Tyneside Trading Standards take the issue of sales of age restricted products to children very seriously. Not only is their health affected but the quality of life of the community at large is also damaged.

Youth disorder, often alcohol related, is a community priority and North Tyneside Council and its partners are determined to do our utmost to stamp out illegal sales and reduce youth disorder.

What we are doing about it

For a number of years we have adopted a proactive approach to reduce illegal sales. Whilst maintaining a robust enforcement policy against those traders who flout their responsibilities we also are keen to work with traders who want to comply.

Our strategy for tackling illegal sales includes :

  • Produce and distribute written guidance for all traders selling age restricted products.
  • Visits, often with police and fire service, to remind retailers of their responsibilities and issuing warnings to those believed to be selling illegally.
  • Investigate further complaints utilising various methods such as surveillance of the premises and test purchasing using volunteer children.
  • Legal proceedings against offenders without further warning.

We are also introducing a proof of scheme in partnership with Citizencard. All secondary pupils in the Borough will be given the opportunity to obtain a internationally recognised Photo-ID card free of charge.

We are keen to receive help from the community to identify those traders who continue to sell illegally or adults who may also be buying alcohol on behalf of children.

Information can be passed to us directly, via the Police, Community Wardens or in confidence by calling 0191 219 2654.

Alcohol

There is ample evidence of illegal sales, unsupervised drinking and alcohol abuse  can lead to crime, vandalism, community disturbance and anti social behaviour. Also linked are under-achievement, poor health and poor employment prospects and there is increasing concern about the potentially adverse health effects on children aged under 18 drinking at or above the sensible levels recommended for adults

Did you know?

Excess alcohol is estimated causes in excess of 28,000 deaths per year in England and Wales. The medical effects of long term use of alcohol has been shown to cause liver damage, stomach cancer and heart disease but additional deaths involving alcohol take the form of drowning and fire. 7% of accidental drowning are as a result of alcohol and 40% of household fires are due to alcohol.

Home Office figures that 36% of all crimes committed by people under the age of eighteen are done so while the perpetrator is under the influence of alcohol.

According to Department of Health Statistics 26% of all 11 - 15 year olds drink alcohol each week. At a stage in their lives when the bodies of young people are developing. Regular heavy drinking causes physical health problem.
 
Traders should not sell alcohol to people under the age of 18. The maximum fine is £5000 but also the trader could face losing their licence.

It is an offence for anyone under 18 to attempt to buy alcohol and it is also an offence for an adult to buy alcohol on behalf of a person under the age of 18. The maximum fine is £5000.

Anyone suspecting a shop of illegally selling such products to children can report this to us confidentially on 0191 219 2654.

Tobacco

The risks to health from smoking tobacco are well documented. Smoking is the main cause of lung cancer and is linked to heart disease, chronic bronchitis and asthma.

It is the single most preventable cause of death in the UK. Tobacco related illness costs the NHS between £1.4 and £1.6 billion a year with patients occupying 9,500 beds a day.

A recent report on smoking amongst secondary school children showed that 25% of all pupils in England had tried to buy cigarettes in the last year. 60% were successful.

From October 1st 2007 it is an offence to sell tobacco or cigarettes to anyone under the age of 18. Cigarettes must be sold in their original packaging and packs should not be opened and cigarettes sold individually.

If the trader has a vending machine on the premises, he is responsible for ensuring that no one under the age of 18 can use it.

A warning notice, required by law, must be displayed in shops, which reads :

IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANYONE UNDER THE AGE OF 18

Traders who sell cigarettes and other tobacco products to people under the age of 18 could be prosecuted and face fines up to £2,500. The maximum fine for selling loose cigarettes or not displaying the required notice is £1000.

Anyone suspecting a shop of illegally selling such products to children can report this us confidentially on 0191 219 2625.

Solvents

Solvent abuse, eg glue and butune fuel sniffing was responsible for 70 deaths last year, the vast majority of which involve people under the age of 20. Young people are at greatest risk with fatal consequences sometimes occurring during the first time. The youngest death, in 1998, was that of a 9 year old boy.

The most common abuses of solvents are males aged between 11 and 16 inhaling solvents from glues and adhesives, paint and petroleum products, lighter fluid, dry cleaning fluids, aerosol sprays, surgical spirit and cleaners. Over half of the deaths were caused by abusing lighter fuel refills and new laws were introduced in 1998.

An abuser appears dazed and unsteady with slurred speech, their behaviour becomes unpredictable. This may develop into vomiting, choking and unconsciousness. With solvent abuse there is no evidence of physical dependency but psychological dependency can occur.

At present it is an offence to sell any intoxicating substances to a person under the age of 18, where the shopkeeper may reasonably believe that the product will be used for intoxication.

The maximum fine for illegal solvents and lighter fuel refills is £5000 and/or six months imprisonment.

Anyone suspecting a shop of illegally selling such products to children can report this us confidentially on 0191 219 2654.

Fireworks

Over recent years the efforts of local authorities, education authorities, primary schools and fire brigades across the country have worked hard to get across the firework safety message.  Despite this 990 people in England, Wales and Scotland were treated in hospital casualty departments for injuries caused by fireworks during the 2005 firework season.

Currently fireworks may be sold 365 days of the year, however, a Voluntary Code of Practice restricts sales to three weeks before and a few days after November 5th. The vast majority of retailers abide by the code although some sell them all year round.

Fireworks (including sparklers) must not be supplied to persons under 18. However, caps, cracker snaps, novelty matches, party poppers, serpents and throwdowns may be supplied to persons over 16.

The following fireworks must not be supplied to the general public:

  • Aerial shells, aeriel maroons, shells-in mortar and maroons-in-mortar
  • Air bombs
  • All bangers (including ‘batteries’ containing bangers such as Chinese Crackers
  • Category 3 fireworks whose noise levels exceed 120 decibels
  • Mini Rockets
  • Fireworks with erratic flight (e.g ground spinners, jumping crackers, squibs)
  • Fireworks intended for professional use only

All fireworks intended to be sold to the public must comply with BS 7114 and be marked accordingly.

Failure to comply with the above requirements can result in prosecution and a fine of up to £5000 and/or six months imprisonment.

The storage of fireworks is also very important; premises that are used to store fireworks must be registered and licensed (Fire Brigade responsibility in Tyne & Wear).

It is now illegal for persons under 18 to possess an adult firework in a public place. Sparklers, party poppers and the like are excluded (Police responsibility).

It is also now illegal for persons using adult fireworks during night hours i.e. between 11 pm and 7 am. Exceptions include until midnight on November 5th and until 1 am on Chinese New Year, Diwali and New Years Eve (Police responsibility).

An individual can be prosecuted for throwing or discharging fireworks in a public place.
Anyone suspecting a shop of illegally selling such products to children can report this us confidentially on 0191 219 2654.

DVDs, Videos & Computer Games

By law almost all videos have to be classified by the British Board of Film Classification (BBFC) before they can be made available to the public.

The BBFC is the body appointed by Government to fulfil this task. It is a serious criminal offence to supply a video which should have been classified and which has not been.

Video classifications are given to enable you to make an informed choice as to what you allow your child to watch. Video titles classified 12, 15 and 18 are considered unsuitable for children or young teenagers below the specified ages.

The Video Recordings Act 1984 states it is an offence to supply videos to children and young persons below the age at which they have been classified.

The classifications are :

  • Uc - Suitable for all but especially children under five.
  • U - Stands for 'Universal', meaning the film, video or DVD is suitable for anyone for examples, Shrek and Wallace and Gromit.
  • PG - Stands for 'Parental Guidance', which means that some parts of the film might not be ideal for younger children.
  • 12 - Is now only ever seen on videos and DVDs. Films are classified as 12A for their cinema release, it tells parents that the content is best suited for those aged 12 and above. Recent examples, all of which were also certified 12A for cinema, include  Casino Royale.
  • 15 - The film, video or DVD is only suitable for those aged 15 or above. Only people aged 15 or older are allowed to view a 15-rated film at the cinema.
  • 18 – The film, video or DVD is only suitable for those aged 18 or older.

The maximum for selling a video product to a person under its age classification is £5000 and/or six months imprisionment.

Further trader guidance on age restricted products will be available soon.

Anyone suspecting a shop of illegally selling such products to children can report this us confidentially on 0191 219 2654.

Spray Paint

Aerosol spray paint is often used in acts of graffiti vandalism. Graffiti often creates a run down atmosphere in a community that can lead to more crime being committed. By banning the sale of spray paint to under 16's, the Government hopes that the incidence of graffiti vandalism will be reduced.

Home Office statistics show:

  • Over a third of people (35%) perceive vandalism (i.e. graffiti and wilful damage to property), to be a very or fairly big problem in their area.
  • People living in council estates and low-income areas are the most likely to perceive high levels of anti-social behaviour (39% compared with the national average of 22%).

The Anti Social Behviour Act 2003 made it illegal to sell an aerosol paint container to anyone under the age of 16, even if they look older. The proprietor of the business, as well as the actual seller, may be prosecuted if a sale to an under-age person is made.

The penalty for this offence carries a maximum fine of £2,500.

Proof of Age Scheme

We believe proof of age cards assist retailers in confirming the age of their young customers and make an impact on restricting sales only to those legally entitled to purchase.

They are also benefit the cardholder saving those embarassing moments if being refused when attempting to buy such goods or services. The card provided by our scheme partners Citizencard is also accepted worldwide as a means of photo-identification alongside passports and photo-driving licences.

We are launching a 'proof of age card' scheme in partnership with North Tyneside schools, the local Health Authority and Citizencard.

The Citizencard card scheme has been a huge success with over one million cards issued since its launch.

Our partnership with Citizencard ensures that the card is offered free to all of the Borough's children attending secondary and special schools. Cards are regularly updated and free replacement cards are also provided.

Why do I need a proof of age card?

The main reasons you need a proof of age card are:

  • To prove you are old enough to buy age restricted goods or services e.g cigarettes or cinema entry.
  • To prove you are young enough to still benefit from discounts available to young people e.g public transport and leisure facilities.

Many airlines, banks, shops and other places need to be sure of your identity or age. Using a CitizenCard is voluntary, but it can make life much easier. Even if you have a passport or photo-driving licence, using a CitizenCard means you can leave the more valuable documents safe at home. For virtually all domestic flights you will not be allowed on board without a CitizenCard or passport or photo-driving licence.

How do I get a proof of age card?

Applications for cards are generally processed through the school, via a form available from participating retailers or online via Citizencard's website.

Apply to be a volunteer

Information for Parents and Volunteers

Restricting access to products on the basis of the age of the purchaser is not a new concept. Over many decades legislation has been implemented with the aim of preventing access by young people to age restricted products, for example, alcohol, cigarettes & fireworks. The duty that retailers comply with these age restrictions lies with the Trading Standards service.

It is a well-known fact that alcohol sold to youngsters is one of the main causes of anti-social behaviour in our area. Home Office statistics have shown that 21% of school pupils aged 11-15 drank alcohol at least once in previous week and 9% of 11-15 year olds are regular smokers*. Alarming trends we are sure you’ll agree.

For a number of years in North Tyneside Trading Standards has enlisted young volunteers to help them ensure traders compliance and if necessary take formal action.

What Volunteers Do

Our volunteers will be asked to enter shops and attempt to purchase an age-restricted product. The volunteer will be accompanied by a Trading Standards Officer who, already positioned in the store, will covertly observe the attempted purchase.

If sales do occur, they will, in the first instance be dealt with by advice and warnings. This can also lead to prosecution for the trader if they are a repeat offender. If a prosecution follows, the volunteer may need to attend court as a witness however this is extremely rare and every effort will be made to avoid this.

Volunteers will not be asked to work in areas where they will be recognised and their safety and well being are of paramount importance throughout our operation. All of our Officers have undergone an Enhanced Criminal Records Check. A full risk assessment is conducted before each and every test purchase session. The volunteer’s parents / guardian will be given a copy of this along with an agreement outlining what the Officers intend to do and what safeguards will be used.

Who Can Apply

In order to carry out Test Purchasing exercises, Trading Standards follow Government guidelines that dictate the age of test purchaser.

There must be a minimum of 18 months between the age of a volunteer and the legal restriction.
Volunteers must be between the age of 13 or 16 (depending on the particular products attempting to be purchased) and must not look older than their age.

This work may be of particular interest to those who are considering a career in Trading Standards, Law Enforcement or the Police Force.  They will have the opportunity to gain some experience of working alongside Trading Standards and Enforcement Officers. It may also be of interest to those interested in a career in Journalism or even budding Drama students. All volunteers receive a certificate from the Mayor that can be used in the volunteer’s Record of Achievement portfolio as evidence to their service to the community.

North Tyneside Trading Standards want to prevent irresponsible traders from illegally selling age-restricted products to young-people. If you would like to help us or require further information please contact North Tyneside Trading Standards on 0191 2192654.

*   Smoking, drinking and drug use among young people in England in 2006: Headline figures – The Information Centre / National Statistic Office.