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NHS
You may have a few questions regarding the change in the law. The most frequently asked questions are answered here.
When did the change in the law come into effect?
Monday 1st October 2007
What is the change in the law?
From 1st October 2007 it became illegal to sell tobacco products to anyone under the age of 18 (previously 16) in England and Wales. The change in law also took place in Scotland on the same date.
Who does the law apply to?
The law applies to any person or trader who sells tobacco products. Both the actual sales person and the business owner could be prosecuted for any illegal sales. It does not matter if it was believed that the purchase was being made on behalf of an adult or if the person looked like they were over 18.
What is the aim of the change in law for selling tobacco?
This change in law is to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.
What sort of products does this law cover?
The law covers all tobacco products, including cigarettes, cigars, tobacco for roll your own and pipes as well as rolling papers. This applies both to over the counter and vending machine sales.
Can under 18 year olds sell tobacco?
If you employ under-18s in your business, it is not illegal for them to sell tobacco products, provided of course that the customer is not under-age. However, they are likely to find it difficult to refuse to sell to their own age group. Leaving them unsupervised is therefore seen as poor employment practice and is not recommended.
What do businesses need to do to comply with the law?
As well as not selling to young people under the age of 18, retailers are required by law to display a sign reflecting the change in age of sale for tobacco products. This applies both to over the counter and vending machine sales. More detailed information about the signage requirements is available on this site.
What are the penalties for non-compliance?
The penalties for non-compliance remain the same. Selling tobacco products to someone under the legal age of 18 can result in a fine of up to £2,500. Failing to display the statutory notice can result in a fine of up to £1,000. This applies both to over the counter and vending machine sales.
What changes have been made to the sanctions against retailers under this legislation?
There are no new sanctions against retailers included as part of the legislation. The penalties for those who sell tobacco products to someone under the legal age have not changed.
Who enforces the legislation?
Trading Standards Officers will continue to enforce the law relating to the sale of tobacco products to under-age consumers.
Why should the onus just be on retailers?
As a retailer you are in a position of responsibility to the community you serve. Smoking tobacco is highly addictive and dangerous to health, so if you sell tobacco products you have to comply with a number of legal duties, one of which is not to sell them to those under the minimum age. You will be doing your bit to help prevent children and young people from starting to smoke and therefore avoiding the serious health dangers of smoking.
How did you raise awareness of the change to consumers?
A campaign ran to raise awareness of the change in the age of sale of tobacco products among teenagers and the wider public. The campaign consisted of direct engagement with consumer and youth organisations, PR activity targeting national, regional and youth media, online and outdoor advertising, and a dedicated website.
How are you helping retailers communicate the change to their customers?
In late July, around 35,000 retailers with the highest volumes of 16 and 17 year old customers, including independent newsagents and convenience stores, received a mailing, which provided all the basic information retailers needed about the law change. There was also a follow up mailing to over 100,000 tobacco retailers in September, which included a toolkit and signage.
What are you doing to prevent shopkeepers from being abused by teenagers who are refused tobacco products?
Retailers are already experienced in tackling age-related issues for the sale of tobacco. The Department of Health hopes to minimise incidents of intimidation with the clear communications of the change in the law to the teenagers affected. Communications included direct engagement with consumer and youth organisations, PR activity targeting national, regional and youth media, online and outdoor advertising, and a dedicated website.
Shopkeepers who are likely to face particular demand from teenagers, such as smaller, independent shops and shops close to schools, have been provided information early to raise awareness of the change in law amongst their customers. These retailers also received a reminder in the post, to ensure that they are fully prepared.
What are you doing to help 16 and 17 year olds who are already hooked on cigarettes and now can’t be sold them legally?
The Department of Health has communicated to teenagers the range of NHS support available e.g. local NHS Stop Smoking Services, the Together Programme, NHS Smoking Helpline 0800 169 0 169, gosmokefree.co.uk, so that they know how to go about getting free help to stop smoking.
Since the start of 2006, nicotine replacement therapy (NRT) has been made available on prescription to 12 - 17 year olds for the first time. As well as getting an NRT prescription from their GP, teenagers can also get NRT products from their local NHS Stop Smoking Service.
What about 18 and 19 year olds, who might now be challenged?
We have reminded people, particularly in this age group, of the need to carry proof of age from an accredited PASS scheme.
