Public holiday - Monday 25th September
We will be closed on Monday 25th September for the public holiday
Legislation prohibits the sale, supply, offer to supply or hire of specified products to persons under the minimum legal age.
Legislation prohibits the sale, supply, offer to supply or hire of specified products to persons under the minimum legal age.
The different pieces of legislation also give requirements for certain warnings and notices to be displayed when selling particular products.
Some of the legislation has defences available, namely that the accused took all reasonable precautions, and exercised all due diligence, to avoid committing an offence. Traders should always ask young people to produce proof of their age.
In many instances both the staff member who made the sale and the owner of the business can be held liable for any sale made.
Challenge 25 has become a legal requirement in Scotland. When selling tobacco or nicotine vapour products, if the customer appears to be under 25 ID must be provided. This could be in the form of the Proof of Age Standards Scheme (PASS) bearing the PASS hologram, European Driving Licence or a Passport. It is also best practice to train staff and keep training records, to use till prompts and maintain a refusals register. Further information can be obtained from Business Companion at https://www.businesscompanion.info/en/quick-guides/underage-sales.
Find out more about Tobacco and Nicotine Vapour Products and Children or Cigarette lighter refills and solvents.
Nicotine vapour products are commonly known as e-cigarettes and similar.
Tobacco and Nicotine Vapour products (NVP's) and children
Cigarettes must only be sold in quantities of at least 20 and in their original packaging. A notice must be displayed which states “It is illegal to sell tobacco products to anyone under the age of 18”.
Acceptable forms of identification when purchasing tobacco are:
The new Tobacco and Primary Medical Services (Scotland) Act 2010 was passed by the Scottish parliament on 27 January 2010. The Act contains measures aimed specifically at reducing the attractiveness and availability of tobacco to persons under 18.
The Act:
The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 was approved by Parliament on 3 March 2016 and the Act includes the following measures in relation to tobacco and NVPs:
Retailers who sell nicotine vapour products, tobacco, or both must be registered by 1 October 2017.
Retailers who sell tobacco products only should already be registered.
Retailers who sell nicotine vapour products can register a new premises or update an existing premise from 1st April 2017
The register and further guidance is available via this link Scottish Register
Cigarette lighter refills and solvents
The Cigarette Lighter Refill (Safety) Regulations 1999 make it an offence to supply any cigarette lighter refill canister containing butane or a substance with butane as a constituent to any person under the age of 18. In Scotland, common law makes it an offence to recklessly supply substances to people of any age, knowing that they are to be used for the purpose of abuse.
Household products classed as solvents and commonly abused include marker pens, aerosols, anti-freeze and nail varnish. Obvious signs of an abuser include the smell of solvents, slurred speech and spots/sores around the mouth.
Spray Paints
It is a criminal offence to sell an aerosol paint container, i.e. spray paint stored under pressure, to anyone under the age of 16. The Antisocial Behaviour etc. (Scotland) Act 2004 also requires a notice to be displayed in a prominent position at all retail premises selling spray paints stating: “It is illegal to sell a spray paint device to anyone under the age of 16". This part of a strategy aimed at reducing the incidence of graffiti in Scotland.