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30 Jul 2007

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Gallaher guide to preventing under age sales of tobacco

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Gallaher Limited understands that it can be difficult to keep on top of all the changes that are taking place to tobacco legislation in the UK and we are committed to keeping you informed.

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From 1 October 2007 in England, Scotland & Wales legislation will change and the age limit for purchasing tobacco will rise from 16 to 18. There has been no announcement, at the time of writing, with regard to Northern Ireland.

What you need to know

• It will be illegal to sell tobacco to anyone under the age of 18 - the liability falls with you, the retailer. Selling tobacco products to persons under 18 could result in a £2,500 fine
• The age change does apply to cigarette papers, but does not apply to lighters and matches
• You must display the 18 Statutory Notice (“It is illegal to sell…”) in a prominent position where it is readily visible to any potential purchasers of tobacco products. Failing to display the correct statutory notice could result in a £1,000 fine
• Based on current Trading Standards guidance, it is not illegal for staff under 18 to sell tobacco
• Your local authority has power to enforce the law, and they are able to carry out spot checks at all shops

Top Tips

• Sign up to and use the 'No ID, No Sale' campaign
• Train your staff on the law (including part-time workers) and issue regular reminders
• Challenge anyone who you or your staff believe to be under the required age – point to the under 18 warning notice and ask if he or she is 18 or over
• Ask for ID and request pass accredited proof of age cards, such as CitizenCard, from anyone buying tobacco, or any age restricted product, who you believe is under age – saying that the person “looked” over 18 is no defence
• If your customer requires a proof of age card recommend CitizenCard and give your customer a leaflet to sign up for CitizenCard, as issued in your 'No ID, No Sale' packs
• Keep a refusals register behind the counter to monitor refusals made by staff

To help with the transition the Gallaher sales force will be distributing new No ID No Sale/CitizenCard packs to retailers this August, and will be on hand to answer any questions retailers may have. The packs will contain the new statutory notice, which is required by law, and other items that will be useful such as CitizenCard application forms, window vinyls and posters.

Gallaher actively supports initiatives such as No ID, No Sale and CitizenCard, which aim to prevent children from purchasing tobacco, as well as 'Do The Right Thing' in Independent Retail News, which is designed to educate retailers about their responsibilities concerning the sale of age-related products.

Keep a look-out in Independent Retail News for more updates from Gallaher surrounding regulations and legislation in the UK. For more information on any of these issues please call the Gallaher Customer Care Line on: 0800 163 503 or email: yourviews@gallahergroup.com

For further information on No ID, No Sale visit: www.noidnosale.com

Note: This summary should only be used as a guide. It does not constitute legal advice.

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Anonymous 20 Aug 2007 13:49:01
I am all in favour of changing the law for the sale of tobacco to 18 years. But the law has to include selling tobacco by under 18 years, or the law is a joke.
Anonymous 11 Sep 2007 14:02:15
If under 18s can't sell tobacco there will be a lot of youngsters both full time employees and part time students who will be out of a job.
Anonymous 05 Oct 2007 15:57:17
Whilst I am Anti-Smoking, I find it hard to understand a Govt that thinks that a 16year old isn't intelligent enough to know the dangers entailed? But, are old enough to drive cars LEGALLY,have SEX LEGALLY, decide they are Old enough to marry and to CREATE LIFE LEGALLY (surely the most serious decision in life!) What next??
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