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Underage sales

There are some items that you can not sell to customers if they are below a certain age. Expand the sections below to make sure you are aware of the rules regarding a particular product.

Alcohol

Alcohol must not be sold to anyone under 18. It is an offence to sell to anyone below this age, and both vendor and customer will be committing an offence by doing so. It is also an offence for adults to buy alcohol on behalf of under-18s.

It is illegal for a person under 18 to sell alcohol to someone, unless the sale is approved by someone over 18.

Cigarettes and tobacco products

It is an offence to sell cigarettes and tobacco products to anyone under 18. This includes herbal cigarettes and cigarette papers.

Traders must also ensure that warning notices are prominently displayed. If your premises has a vending machine such as a cigarette machine, it is your responsibility to ensure it is not used by anyone under 18.

Films and video games

Films, video games, or similar materials should not be sold to anyone under the age indicated on the label. These will usually be 12, 15, or 18.

Fireworks

Fireworks and similar materials should not be sold to a person who is apparently under 18.

Similar materials include sparklers, party poppers, toy caps, serpents, throwdowns, novelty matches and cracker snaps.

Read guidance on the storage and sale of fireworks from the Health & Safety Executive (HSE).

Lottery tickets and scratchcards

As of 2021, it is an offence to sell a lottery ticket or scratchcard to a person under 18. It is also an offence for a person under 18 to sell a lottery ticket or scratchcard to somebody else, unless specifically authorised by the business owner.

If somebody under the age of 18 attempts to claim the winnings of a lottery ticket or scratchcard, you should refuse to pay them and instead contact Camelot for further advice.

Petrol

Petrol must not be sold to a person under 16.

It is also an offence for a person under 16 to sell petrol to others. It is legal to employ under 18s in a petrol station providing they are not left in charge of the premises at any point.

Solvents and aerosols

Products such as gas cigarette lighter refills must not be sold to anyone under 18 at any times.

Aerosol spray paints must not be sold to anyone under the age of 16. The owner of the business and the individual salesperson may both be liable if an illegal sale is made.

Solvents should not be sold to a person under 18 if you think that the product is likely to be inhaled or misused.

Sunbeds

It is an offence to allow, or to encourage, the use of a sunbed by anyone under 18.

Read more about the Sunbeds (Regulations) Act 2010.

Weapons and knives

Certain types of knives, and other articles with blades or points, must not be sold to a person under 18.

Air weapons and ammunition can only be sold to people over the age of 18, and only by a registered firearms dealer. Registered dealers can only sell air weapons face-to-face; it is a criminal offence to transfer ownership if both parties are not present.

Imitation firearms can be legally sold providing they meet legal requirements whereby the size, shape or colour of the imitation firearm make it clearly distinguishable from a real firearm. The item must be smaller than 38mm high and 70mm long, or made of brightly-coloured or transparent material. Imitation firearms cannot be sold to a person under 18.

Crossbows cannot be sold - in whole or in part - to a person under 18, and both purchaser and vendor would be breaking the law by doing so.

 

What you can do

You must take all reasonable precautions to ensure that you or your staff do not sell the above goods to anyone below the specified age. If you're unsure of a person's age, and the person can't provide legitimate proof of age, we recommend that you refuse to serve them.

If you suspect that someone of legal age is buying the goods for someone who is underage, you should consider whether it is appropriate to sell the goods to them. Remember that you do not have to sell to a customer if you do not wish to do so.

Guidance and resources

No Proof of Age – No Sale is a free interactive online toolkit for businesses that sell age-restricted goods or services. It provides guidance on preventing illegal sales of age-restricted items, including a learning management system and training modules for employees, and a library of posters, leaflets and resources.

The toolkit is maintained by Trading Standards South West and contains current and upcoming legislation that may affect your business. It is free for businesses in Bath and North East Somerset with fewer than 10 branches or 100 employees. Click here to visit their website.