The aim of the council’s trading standards service is to ensure there is a fair trading environment for businesses in Warrington. It deals with problems which consumer’s encounter when they buy goods and services; it also advises traders on the complex issues of trading law.

As you are a trader, there are certain laws with which you must comply. This leaflet sets out the law surrounding the sale of goods to young persons. If you need further advice on this, or other trading issues, please contact the duty officer on 442658, Monday to Friday between 9am and 5pm.

Gaming Act 1968

Since 1996, the introduction of new permits has meant that all cash payout gaming machines, installed in amusement arcades, are subject to an age limit.

People under 18 years of age are restricted from parts, or all, of the arcades, within the borough. Officers from trading standards carry out routine unannounced visits to ensure compliance with the legislation. Failure to comply is a criminal offence.

Video Recordings Acts 1984 and 1993

It is a requirement that all video films are submitted to the British Board of Film Classification (BBFC) for certification. This certification process can either exempt or impose age-related conditions on the video.

Businesses are prohibited from selling or renting videos to persons under the age limits imposed on the video. For example a video classified as 18, cannot be supplied to a person under that age.

Video Recordings Acts 1984 & 1993 (Video Games)

Unlike films, there is no legal requirement to submit games to the BBFC for certification. Manufacturers of video games can classify games themselves on a voluntary basis, although some will submit their games to the BBFC.

Retailers are committing an offence if they sell a video game which has been classified by the BBFC. However, the sale of a video game classified voluntarily by the manufacturer is not an offence.

Children and Young Persons (Protection From Tobacco) Act 1991

Retailers must not sell cigarettes or tobacco products to persons under the age of 18. the team routinely carry out inspections and test purchases from retailers in the borough. It is a legal requirement that all retailers of cigarettes or tobacco products display an A3 size notice stating "It is illegal to sell tobacco products to anyone under the age of 18" near the cigarette counter. The size of the letters must be at least 36mm high. Copies of this notice are available from trading standards, free of charge.

If the cigarettes are sold through a vending machine then a smaller notice (60x100mm) must be displayed on the machine stating "This machine is only for the use of people aged 18 or over." The size of the letters must be at least 6mm high. Copies of this notice can usually be obtained from the company who supply the vending machine.

The supply of cigarettes or tobacco products to anyone under the age of 18 is a criminal offence, as is failure to display the required notices.

Explosives Acts 1875 & 1976

The sale of fireworks is restricted to those who are apparently over the age of 18 years. All retailers are required to register the premises used to store the explosives with Warrington Trading Standards Service. Fireworks must be kept in a cabinet, which is not accessible to customers. Officers carry out inspections and test purchases in the lead up to bonfire night.

Intoxicating Substances (Supply) Act 1985)

This Act makes it an offence for a retailer to supply or offer to supply a substance (which is not a controlled drug) to a person who he/she knows is under the age of 18 or he/she has reason to suspect is under 18

and

he/she knows or has reasonable cause to believe that the substance is or the fumes are likely to be inhaled by the person, for the purpose of causing intoxication.

The most common substances used for the purpose of intoxication are lighter fuel, glue and other solvents.

However recent research has shown that young persons are also inhaling the fumes of household aerosols such as furniture polish and hairspray, for the purposes of intoxication. Retailers should become suspicious of a young person buying an excessive number of household aerosols.

National Lottery Act 1993

National Lottery tickets or scratch cards must not be sold to anyone under the age of 16 years, it is an offence to do so.

Crossbows Act 1987

The sale or hire of crossbows is restricted to those believed to be over 17 years of age.

It is an offence for a person under 17 years to buy or hire a crossbow. Crossbows are often found in shops which specialize in sporting goods and outdoor pursuit equipment. They are sometimes found in second hand shops.

The Offensive Weapons Act 1996

This Act has introduced age restrictions on the sale of knives or other sharp objects. Items covered by the legislation include: 

• Knives (including kitchen knives and craft knives);
• Axes;
• Items which have a blade or are sharply pointed (if they are made or can be adapted to cause injury to a person);
• Razor blades.  

Licensing Act 1964

Any shop, which sells alcohol, as the whole or part of its business, needs what is referred to as an ‘off-licence.’

Off-licences are granted by the licensing committee of the local magistrates court and have to be renewed yearly.

The sale of alcohol to anyone under the age of 18 is an offence.

What can retailers do?

All retailers must take some steps to ensure the above legislation is complied with. The steps taken will depend on the size of the business concerned and the resources available. It is the advice of this Service that most, if not all, of the advice given below is implemented. 

Staff training

Retailers should ensure that all staff are trained in the law relating to under age sales. Further copies of this guidance note are available on request for training purposes. Staff need to be instructed to ask a young person their age, if they look under the age limit for the item they are trying to buy. 

Proof of age

If the sales person is unsure of a buyer’s age, they should ask for proof of age. The best form of identification is a passport as it contains a photograph. However not everybody has a passport, so as a retailer you need to decide what other forms of identification are acceptable. You may wish to display a notice advising customers of the acceptable forms of identification. 

There is a nationally recognised identification card called ‘Prove It.’ Copies of application forms for the ID card, which you may like to display in your premises, are available from The Portman Group. A retailer kit costs £58 + VAT and consists of a poster, specimen ID card and 50 application forms in a cardboard dispenser. Kits can be ordered by telephoning 0171 499 1010. 

Some businesses insist that a responsible adult, well known and respected by the sales person, be brought along to vouch for the age of the purchaser. 

Notices

For some products (e.g. cigarettes and tobacco products) it is a legal requirement that a notice be displayed. However you may wish to consider displaying notices for other products with age restrictions on a voluntary basis. This Service would gladly supply such posters upon request. 

You may also wish to use notices to remind staff of age restrictions. Some tills are capable of being programmed to offer prompts when a certain item is scanned in. For example, when razor blades are scanned in, the message "Is the purchaser over 16?" appears. An answer has to be given to the prompt before the transaction can continue. 

Even if your till is not capable of providing prompts, typed or hand written notes on or near the till might help the sales person to remember the items are age restricted. 

Position of the products

You might wish to take some time to reassess the position of items in a shop, which are subject to age restrictions. For example it might be beneficial to move items such as glue and razor blades to a position behind the counter and put a notice by them reminding the sales person these items have age restrictions. Then as customers ask for the item, the notice will prompt the sales person to think about the age of the purchaser.