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Drink exchange between a child and adult

Underage Sales

Why are some products age restricted?

Certain products present genuine risks to the health and welfare of children and teenagers. Legislation has been put in place to restrict the sale of these products because of the growing concern about them.

Traders' responsibilities

Traders must comply with the law. Failure to do so can result in prosecution and substantial fines. In most cases the maximum fine for making an illegal sale of an age-restricted product is £5,000.

What products are age restricted?

To view the list of products that are age restricted and the different categories that they fall in, please view the Age Restricted Products page.

What should retailers do?

If an age-restricted product is sold to an underage person, even if they claim they are for an adult, the retailer and the salesperson can be guilty of a criminal offence. Anyone who sells age-restricted products should be fully aware of the age limits, adequately trained and aware of company procedures and policies to ensure that no sale ever takes place to an underage person.
If you are in doubt, and the person cannot provide legitimate proof of their age, our advice is to refuse to sell the goods to them.
Acceptable types of proof of age must contain a photograph of the holder and their date of birth e.g. a Connexions card or Driving Licence.
Other than in the case of alcohol, the buyer does not commit an offence in purchasing the age restricted product.
Where cigarettes are sold retailers must clearly display a notice stating:
“IT IS ILLEGAL TO SELL TOBACCO
PRODUCTS TO ANYONE UNDER
THE AGE OF 18"
(Measuring not less than 30x42cm)
REMEMBER - IF IN DOUBT DON’T SELL
POTENTIAL COST OF A CRIMINAL CONVICTION AND FINE IS FAR GREATER THAN THE PROFITS FROM ILLEGAL SALES
Ensure that you carry out training to all members of staff and that it is all documented on a Training Log.  Also remember to document all age restricted product refusals. If ever questioned, this will show enforcement officers that as a business you are doing your bit to help stop age restricted products falling in to the wrong hands.
Challenge 21 Logo
Challenge 21 is a scheme that is currently being adopted as best practice.
Put simply: If a customer appears to be under 21 they must prove they are over the legal age for that product, for example 18 for alcohol.
There is further information on this scheme on the Challenge 21 page.

What can parents, school teachers and other adults do?

Genuine cigarettes, but ...Enforcement agencies e.g. Trading Standards Officers and Police Officers need to know which shops are making, or are suspected of making, illegal sales so that steps can be taken through advice, warnings or prosecution to prevent such sales.
It is vital that such knowledge or suspicions are reported to the relevant enforcement agency even if this is done anonymously.
Parents, teachers and adults in general can all play a crucial role in this respect.
The health and future success of your child is paramount. Parents, teachers and adults in general can all play a crucial role:
  • Respect the law - it is there for a reason.
  • Be vigilant - children often access alcohol in the home from drinks cabinets or by enlisting the help of an older person to purchase an age restricted product for them.
  • Encourage your child to respect any requests for proof of age from traders who are trying to obey the law.
  • Encourage your child to obtain a PASS accredited proof of age card. This will greatly assist retailers and licensees by providing them with a reliable and easy means of identifying those young people to whom they can legally supply age restricted goods.
This leaflet is designed to provide initial guidance on specific areas and is not intended as an authoritative document on the law.

Useful Information

Further advice and information may be obtained from:

  • Leicestershire Trading Standards Service Tel: 0116 305 8000
    (Tobacco, Fireworks, Intoxicating Substances, Lottery Tickets, Offensive Weapons, Alcohol, Videos/DVDs)
  • Camelot - 08701 600 016
    (Lottery Tickets, Instant Win Scratch Cards)
  • Leicestershire Police - 0116 222 2222
    (Alcohol, Offensive Weapons)
  • Local Education Authority
    Access and Welfare Service - 0116 305 6584
    (Employment of Young People)
  • Your local Borough or District Council
    (Health and Safety in offices, shops and leisure facilities)
    • Blaby District Council - 0116 275 0555
    • Charnwood Borough Council - 01509 263 151
    • Harborough District Council - 01858 821 100
    • Hinckley and Bosworth Borough Council - 01455 238 141
    • Melton Borough Council - 01664 567 771
    • North West Leicestershire District Council 01530 454 545
    • Oadby and Wigston Borough Council 0116 288 8961
Page Last Updated: 28 June 2010