Age restricted sales

Legislation restricts the sale of certain products and services to anyone below specific age limits.

If an age restricted product is sold to someone under the legal age limit, both the retailer and the person who sold the product can be found guilty of an offence.



Trading Standards enforces the law on:

  • tobacco
  • tobacco products
  • nicotine vapour products (NVPs*)
  • butane gas lighter refills
  • fireworks
  • spray paint devices
  • DVDs
  • computer games
  • sunbed hire


Police Scotland enforces the law on alcohol and weapons and you can contact them on their non emergency number 101 for advice.

 

*NVPs is the term used to cover all types of nicotine vapour products, electronic cigarettes, vaping devices and related products.

View our Age Related Sales Guide bit.do/Fife_ARSG

 

Retailers can also find advice on age restricted sales at Business Companion, the Chartered Trading Standards Institute's website providing up to date information for businesses on all aspects of trading standards legislation. Remember to select the Scotland option at the top of the page if you're trading in Scotland.

  

Restriction on films, TV programmes, video games etc.

The Video Recordings Act 1984 requires all ‘video works’ (films, TV programmes, video games, etc) which are supplied on a disc, tape or any other device capable of storing data electronically to be classified by the British Board of Film Classification (BBFC), unless they fall within the definition of an exempted work.

Further information is available online from the BBFC.

 

Enforcement

See further information on the The Tobacco and Primary Medical Services (Scotland) Act 2010.

The law is enforced in the following ways:

  • We provide advice and education to traders and consumers, including parents, teachers and young people.
  • We investigate complaints made by consumers or traders.
  • We use young volunteers, in appropriate cases, to attempt to buy age restricted products. They behave as ordinary customers, under the supervision of a Trading Standards enforcement officer. Strict government guidelines ensure that the exercise is fair and safe. If a sale takes place, legal proceedings may commence.

 

Penalties

Trading standards enforcement officers can issue fixed penalty notices for offences, including selling tobacco to under-18s, or not being on the tobacco retailers register.

The level of fixed penalty notice is £200 plus an escalator of £200 for every additional offence committed in a two year period. Offences can be reported to the Procurator Fiscal where heavier fines can be imposed.

If a retailer has been found to be in breach of tobacco sales legislation three times within a two year period (either through a fixed penalty notice or a criminal conviction) a local authority can apply to the courts to have the retailer banned from selling tobacco. A court can ban a retailer from selling tobacco for up to a year.

If you have information about a retailer in Fife selling an age restricted product to a person under the legal age, please report it to us via our Trading Standards reporting form for further investigation. This can be done anonymously.


Related

Publications

Trading Standards
Tel: 01592 583141 Fax: 01592 583318 Contact Trading Standards online
By Post: Kingdom House Kingdom Avenue Glenrothes Fife KY7 5LY
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