This Code Is Endorsed By:
Code of
Practice
Introduction
This code of practice also forms part of the Angus Reputable Trader
Scheme. It assists local business in maintaining the highest standards
of commercial behaviour to enhance community safety and protect the
health of all Angus citizens.
This Code of Practice has been compiled by Angus Council Trading
Standards Service, in partnership with Police Scotland and the
Federation of Small Businesses. Our main aim is to inform and assist
businesses in meeting their legal obligations, through provision of
information and training.
This code specifically aims to:
• Provide guidance to businesses on the age restrictions which
apply to a wide range of products.
• Encourage and assist businesses in responsible commercial
behaviour.
• Enhance community safety and reduce opportunities for anti-social
behaviour within the local community.
• Promote appropriate access to age restricted products whilst
protecting the health of young citizens.
• Assist in raising awareness and knowledge of issues around age
restricted products.
All of the organisations endorsing this code are committed to
preventing the misuse and abuse of age restricted products and will
work in collaboration with other organisations to those ends.
The Law
It is a legal requirement that certain products are not supplied to individuals under a prescribed age. There are also products in the market place which are not age restricted by law, but which are potentially hazardous to young citizens or may contribute to anti-social behaviour. All businesses that agree and “sign up” to the terms of this code, commit themselves to protecting vulnerable members of the community from the negative effects of these products.
It is the duty of Trading Standards and the Police to investigate and report offences to the Procurator Fiscal. It is also the duty of the Trading Standards Service to take civil action in the form of undertakings and enforcement orders under the Enterprise Act 2002, where the collective interests of consumers are adversely affected. Whilst adherence to the Code and its requirements do not form a legal defence to breaches of the law, compliance is likely to avoid the commission of an offence. Where an offence is committed, and the guidance of the code has been followed, this information will be presented in mitigation if the matter is reported to the Procurator Fiscal or to a Sheriff in respect to Civil breaches.
Articles of the code agreed by businesses
1 Any person who appears to be under the age of 21 (“Challenge 21”) or the age of 25 (“Challenge 25”), and who seeks to purchase any item listed in the attached schedules, will be asked for proof of age. It is up to the seller to decide which age is used and this will be displayed on signs or posters in the shop and/or at its entrance. N.B. It is a legal requirement for premises selling alcohol in Scotland to operate “Challenge 25”.
2 Nothing in this code prevents the supply of any age restricted item to a person legally entitled to buy those goods. However, supply to people apparently under the age of 21 or 25 must only be made following presentation of acceptable proof of age.
3 The following are acceptable as proof of age: • Photographic driving licence
• Passport
• PASS (Proof of Age Standards Scheme) card. i.e. Young Scot card, Citizen Card or Validate Card. • A Ministry of Defence Form 90 (Defence Identity Card)
• A National Identity Card issued by a member state (other than United Kingdom), Norway, Iceland, Liechtenstein or Switzerland
• A Biometric Immigration Document (a Biometric Residence Permit)
No other evidence of proof of age will be accepted. Failure to present acceptable proof of age shall result in a refusal of the relevant sale.
Any questions over the validity of a PASS card or any identity document should be reported to the Police.
4 A record of all refused sales or incidents must be kept at the point of sale and will be available for inspection by Trading Standards or Police Officers. Such incidents can also be referred directly to Trading Standards or the Police where offences may have occurred (e.g. where intimidation or threats have been made, or where proxy sales may have occurred).
5 A stock of refusal cards will be available for staff to give to customers when a refusal is undertaken. These can be used in respect to direct refusals or suspected proxy sales.
6 The provisions of this code will be incorporated into a staff training programme. All members of staff will be made aware of the age restrictions on products in both schedules. Staff will also be trained in the appropriate actions to be taken where a customer, attempting to buy a restricted product, appears to be under the age of 21 or 25 (depending on which policy is used by the business). Staff training records shall be kept at all business premises and must be available for inspection by Trading Standards or Police Officers.
7 Member businesses agree to compliance testing (integrity testing) and proxy sales (a sale on behalf of another)being undertaken to audit compliance with the code. Trading Standards will not initiate a criminal reporting process as a result of such an audit.
The results of the audit will always be communicated to the owner or manager of the business at the earliest possible opportunity.
8 The display of all products listed in both schedules A and B should be given careful consideration. As far as is reasonably practicable, the display of such goods should comply with the following rules. Options are given in preferential order.
a) Not on unrestricted display e.g. display product only – true product kept off sales floor)
b) Requires staff intervention to retrieve (e.g. kept behind the counter or in a locked cabinet)
c) Placed to make it difficult for younger persons to access (“The Top Shelf Principle”)
d) Easily monitored by staff and/or CCTV
Note: the reason for the top shelf principle is to prevent both illegal salesand theftsof prescribed products.
9 The business agrees to voluntarily restrict the supply of items in schedule B to persons over the indicated age
10 The business will refuse to supply items in either of the schedules, to a person of any age, where it is apparent the item will be abused or misused, by that person or another.
11 Those participating will promote the Young Scot PASS entitlement card.
12 Information material supplied by NHS Tayside, Angus Council, Police Scotland, Focus on Alcohol Angus, The Scottish Fire and Rescue Service, Crimestopppers or any other organisation or body involved with community safety or public health, may be distributed periodically for public information on topics relating to age restricted products. All members agree to participate in such information campaigns as far as is practicable.
13 Products in Schedule A will be added or amended automatically by any changes in legislation.
14 Products in schedule B may be added or amended by notifying relevant members. Amendments may be made and products may be temporarily added in response to intelligence regarding specific local problems.
15 Other amendments to the code will be proposed on the website. Members will have 28 days to respond with any objections, amendments or constructive proposals. Where no such suggestions have been received, the proposed amendments will be implemented automatically, on the expiry of the 28 day period. Members will be provided with an updated version of the code.
16 Any breaches of the code will be subject to sanctions, up to and including expulsion from the initiative.
17 Trading Standards reserves the right to publish the fact that a member has been expelled from the initiative and any reasons behind the expulsion.
18 Members agree to inform Trading Standards if they are approached to sell, what they suspect to be illicit or counterfeit products; or the police if they suspect goods may be stolen. Please inform Crimestoppers, on 0800 555 111, if you wish to remain anonymous.
19 Each member’s business premises must display their membership certificate (provided by Trading Standards).
Articles of the code agreed by Trading Standards
1 Information packs on age restricted sales will be available from Trading Standards. Trading Standards will keep all members updated with respect to changes in the law.
2 Trading Standards will offer training and advice in relation to Age Restricted Sales. It is intended that, wherever possible, training shall be provided free of charge. However, it may be necessary to make a minimum charge, on a cost recovery basis, if there are budgetary constraints on the service. This includes offering assistance in obtaining the TSI Fair Trading Awardcertificate in age restricted product sales (for staff) and advice to assist with best practice for the Safer Retaileror Best Bar None awards.
3 Where offences are committed, and the guidance of the code has been followed, this fact will be presented in mitigation within any report to the Procurator Fiscal, or in any relevant civil proceedings.
4 The current version of the code of practice and all bulletins will be made available at the A to Z page entitled “Angus Age Restricted Products Code” on www.angus.gov.uk. Paper copies can also be requested from Trading Standards.
5 Trading Standards give permission for the logo and the certificate of membership to be displayed in appropriate ways. Directions will be posted at the A to Z page entitled “Angus Age Restricted Products Code” on www.angus.gov.uk
Schedule (A)
Legally prescribed items and the age below which it is a criminal offence to supply the item
BBFC 12/15 Video recordings, as marked (includes video games/computer games).
PEGI 12/16 Video Games/Computer Games, as marked
16 Liqueur chocolates.
16 Lottery tickets, scratch cards.
16 Caps, cracker snaps, novelty matches, party poppers, serpents and throw downs.
16 Petrol (this age covers both purchasing and dispensing).
16 Spray paint devices.
16 Pet Animals.
16 Skin piercing (without presence & written consent of parent/guardian).
17 Crossbows.
17 Firearms/shotguns and any other ammunition.
18 Gambling
18 Air weapons/ammunition for air weapons.
18 Imitation firearms.
18 Alcohol.
18 Tobacco products (any product containing tobacco and intended to be smoked, sniffed, sucked or chewed) and cigarette papers.
18 Adult fireworks and sparklers.
18 Offensive weapons and knives (including knife blades or razor blades, plus any axe).
18 Lighter fuel (refill canisters containing butane gas).
BBFC or PEGI 18
Video recordings (including video games/computer games), as marked (Note R18 can only be sold in a licensed sex shop).
18 Tattoo.
18 Allowing the sale, hire or use of sun beds or other electrically powered UV tanning equipment.
ANY AGE Common
Law
Culpable and reckless conduct:
Covers the sale of product(s) when you know, or should reasonably have known, that they were going to be abused to the endangerment of the customer’s life or health (e.g. legal highs, glue sniffing kits).
Schedule (B)
The following items are not currently prescribed by law. The business agrees to a voluntarily restrict the supply of these items to persons over the indicated age.
18 Accessories to smoking (e.g. Cigarette filters, pipes, bongs / water pipes).
18 Adult magazines.
18 Amyl nitrate or nitrite (Poppers), often marketed as a “room freshener”.
18 BB guns/ammunition for BB guns.
18 Herbal incense or herbal smoking products
18 Lighters.
18 Ornamental weapons with blades or points.
18 Volatile or intoxicating substances (e.g. solvents, poisons, toxic chemicals, gasses etc).
18 Cosmetic treatments including Botox.
16 Non solvent aerosols, particularly spray hair dyes.
16 Audio CDs where a parental warning is given.
16 Baseball bats.
16 Catapults.
16 Laser lights, pens, keyrings or similar laser products.
16 Matches.
16 Scissors (except safety scissors).
