Cigarette Sales

As of 1st September 2008 the law for selling tobacco will be changing.
It became illegal for you to sell tobacco products to anyone under the age of 18 (an increase from 16) in Northern Ireland.  The change will include cigarettes, cigars, tobacco for roll-you-own and pipes as well as rolling papers sold both over the counter and through vending machines.

Smoking tobacco is highly addictive and dangerous to health so if you choose to sell tobacco you have to comply with a number of legal duties, one of which is not to sell products to those under the minimum age.

We understand this change in the law will affect your business and we want to make it as easy as possible for you to abide by the law.

Selling tobacco products to someone under the legal age could result in a fine of up to £2,500. Failing to display the statutory notice could result in a fine of up to £1,000. This applies both to over the counter and vending machine sales.

Why the law is changing

Most addicted adult smokers began smoking as teenagers. This change in law is to help prevent children and young people from starting to smoke therefore avoiding the serious health dangers of smoking.

  • A lifelong smoker has a one in two chance of their addiction killing them.
  • The younger a smoker starts the more likely they are to be killed by their addiction.
  • The earlier children become regular smokers and continue to smoke as adults, the greater the risk of developing lung cancer or heart disease.
  • Someone who starts smoking at 15 is three times as likely to die from cancer due to smoking than someone who starts in their mid-20s.

The change in the age of sale for tobacco products is an important step in trying to reduce the number of people exposed to smoking related diseases, which is why it still carries a fine of up to a £2,500 for those who don’t comply.

 

What it means for you

You are probably here because the change in the law has affected your business. The aim of this section is to provide you with the practical help you need to comply with the law and make the change in the law as easy as possible to implement.

What you need to do:

  • From 1st September 2008: You must not sell tobacco products to anyone under the age of 18.  This will replace the current law where it is illegal to sell tobacco products to anyone under the age of 16.
  • Display the required signage.  You must replace any existing signage (statutory notice) with a sign stating the new legal age restriction for tobacco products. The sign should be placed in a visible position, where it can be seen by anyone wishing to buy tobacco products.
  • The sign for over the counter sales must include the words “It is illegal to sell tobacco products to anyone under the age of 18” and must be at least A3 in size (420 x 297mm) and the letters must be at least 36mm in height. Signage for vending machine sales should be updated to comply with the law and must state, ‘This machine is only for the use of people aged 18 or over’.  It must be at least 60mm x 100mm with letters at least 6mm high. If you have produced your own signage or have received a sign from another source, as long as they adhere to these specifications, they will comply with the law.

Good practice:

Preparing Your Staff

 

As a retailer you are probably already experienced in tackling age-related issues for the sale of tobacco and other age-restricted products. However, with the age of sale for tobacco increasing you may encounter some new resistance from your younger customers.

Training your staff on the law, and how to question and refuse sales, may be very helpful. Here are some examples of what you could do:

  • To avoid committing an offence, you should tell your staff about the change in the law.
  • You may wish to keep a record of the training and ask the member of staff to sign to say that they have understood it.
  • Staff should be advised that they might be personally liable if they sell to anyone under the age of 18.

It is important for you and your staff to know how to ask for proof of age and what to do when dealing with a difficult customer.

Managing it well could make life much easier.

  • Clearly display the correct signage on or near your shop counter where it is visible to customers.

Hopefully this will deter under-aged customers from attempting to buy in the first place and will help you to remind them that you are simply following the law.

  • Be tactful and polite. Refusal can be embarrassing. Apologise and don’t antagonize them or get annoyed yourself.
  • Be calm. If they get angry, stay professional and stand your ground.
  • Avoid blame. Explain that you’re legally obliged to ask for proof of age and that it is nothing personal.
  • Be safe. If a customer becomes physically aggressive or threatening remove yourself from the situation and call for help. In extreme situations call the Police.

The best advice is always to ask for proof of age unless you are convinced the person looks at least 18.

People of the correct age will not mind showing their photo ID if asked politely.

 

Acceptable PHOTO ID:

  • Photo Driving Licence
  • Validate Card
  • Passport

 

Environmental Health Officers will continue to enforce the law relating to the sale of tobacco products to under-age consumers.

The penalty for selling tobacco products to someone under the age of 18 from 1st September 2008 is a fine of up to £2,500.

For further signage, advice or information please contact:

Omagh District Council

Environmental Health Department

Lisnamallard House

Old Mountfield Road

Omagh

BT79 7EG

(028) 8224 5321