Trading standards

Cigarette lighter refills
Cigarette vending machines
Judging a buyer's age
Enforcement of the law
Matches and lighters
Tobacco and children
What you can do now

Cigarette lighter refills

Cigarette lighter refill canisters containing butane must not be sold to anyone under 18 years of age. This is because of the potential for abuse by 'sniffing' the gas, which can be very dangerous.

Cigarette vending machines

Put your vending machine where a member of staff can see it at all times. Avoid putting it out of sight in places like unattended corridors, especially if it could be used by someone coming in off the street without entering the shop or bar area.
If your premises are near a school, keep a special watch on the machine at lunchtime and at the end of the school day.
If you operate a public house, ask regulars to point out any children who look under age, the same as if you were watching out for underage drinkers. Challenge anyone you think is under 16, and ask him/her not to use the machine.
If you have a cigarette vending machine, you must prevent anyone under 16 from using it.
You must ensure that you display a notice on the machine, stating 'This machine is only for the use of people aged 16 or over'. Your vending machine supplier should be able to provide this notice.

Judging a buyer's age

Always ask young people to produce proof of their age. Many local authorities support 'Proof of Age' card schemes; contact your local Trading Standards Service to find out which card operates in your area.

There may be material available that you can display in your shop, telling young people where they can obtain these cards. This way, if you have cause to refuse a sale, you can give youngsters some positive information.

Photo driving licences and passports are also acceptable as proof of age.

If you or any of your staff doubt whether a customer is 16, or whether their ID is genuine, refuse to sell them cigarettes. You don't have to give a reason.

Allowing them to persuade you against your better judgement could lead you to commit a criminal offence.

It is not an offence for children to buy cigarettes, only for you to sell them to children.

Enforcement of the law

Trading Standards are required to enforce the law, which they do in the following ways:

Providing advice and education to traders and consumers, including parents, teachers and young people.
Investigating complaints made by consumers or by traders about shops believed to be supplying children with tobacco.
In appropriate cases, using school children to attempt to buy cigarettes. They behave as ordinary customers, under the supervision of a trading standards officer. Guidelines endorsed by the Home Office ensure that the exercise is fair. If a sale takes place, legal proceedings may be commenced.

Matches and lighters

It is not illegal to sell matches or lighters to children. However, it is recommended that you do not sell these items to children, who are unlikely to have a legitimate use for them.

Tobacco and children

Consumer laws control the quality and safety of goods and services. In some cases, goods cannot be supplied to anyone below a certain age. For tobacco products, the minimum age is 16 years.

What the law says

You must not sell tobacco or cigarette papers to anyone under 16. 'Tobacco' is defined widely and, in addition to tobacco for smoking, includes tobacco products for oral or nasal use (e.g. snuff), and smoking mixtures intended as a substitute for tobacco (e.g. herbal cigarettes).
If this requirement is breached, the member of staff who made the sale can be held responsible, and so can the owner of the business.
You must only sell cigarettes in quantities of at least ten and in their original packaging.
You must display a notice which states 'it is illegal to sell tobacco products to anyone under the age of 16'. The notice has to be readily visible at the point of sale, and its size and layout is defined by law. Your local Trading Standards Department, or your tobacco supplier, may be able to provide a notice for you to use.
It you employ children in your business, it is not illegal for them to sell tobacco products, provided of course that the customer is not under 16. However, leaving unsupervised children selling tobacco is not recommended as they may find it difficult to refuse to sell to their own age group.

What you can do now

Explain the law to each of your employees who deals with the public.

If you are caught selling tobacco to a child, you would normally be asked to attend a formal interview. Trading standards officers would then assess whether you had taken all reasonable steps to avoid committing the offence.

The law recognises that, despite your best efforts, mistakes can be made.

It is advisable to keep a refusals book, to show that your procedures and training are working, and that you do refuse to sell tobacco to children. A refusals book would normally contain a record of the date and time of any refusal, the member of staff responsible, and brief details of the attempted purchase.

You should also keep a record of any training you have given to your employees.

Trading Standards are always ready to give advice to reputable traders. If you would like to speak to an officer, give your local department a ring.

Remember: These laws exist to safeguard the health of young people; offenders may be prosecuted without warning. If in doubt, say 'no' - it could save you a heavy fine.

Please note: This information is not an authoritative interpretation of the law, and is intended only for guidance. For further information, please contact your local Trading Standards Service.

Last reviewed/updated: November 2006
This informatio is relevant for England, Scotland, Wales and Northern Ireland only.