The sooner we get a nationally recognised ID card for kids, the better.
An outraged Londis retailer rang me to say there is a home for young offenders near his store.
"If we sold cigarettes to these 14-year-olds directly, we d be breaking the law," said the retailer, who must remain anonymous.
"I know for a fact that their minders come in and buy cigarettes for them as bribes and as a reward for good behaviour," he claimed. "But if we make an innocent mistake, we are the ones held liable."
Many retailers have made similar points to me over the years. They do their best to train their staff and catch out the would-be offenders and, of course, it would be easy if every 15-year-old looked 15. You can't afford to get it wrong by even a few months.
It is perfectly legal for trading standards to send in a child as an agent provocateur to trap law-abiding retailers. These kids are seemingly selected for the purpose because they look older than their age; otherwise what would be the point of sending them in? Do trading standards officers honestly think that retailers would risk their livelihoods for the sake of a packet of fags?
I remember the case of one retailer, whose Mace outlet suffered four visits by TSOs - until they hit lucky and caught staff selling cigarettes to a tarted-up girl sent in for the purpose. Other retailers have complained about being interviewed - and taped by TSOs in nasty little rooms that bring banana republics to mind. They are told what the penalties might be and then made to wait for months for a decision.
You can imagine what that does for peace of mind in the small hours. Are you soft targets? You betcha. And since this highly dubious practice is legal, there is no point trying to defend yourself on an entrapment basis. Due diligence is the only defence.
This means having the appropriate signage that points out what cannot be sold to children and keeping a record in a challenge book of those who have tried it on. Meanwhile, here is a reminder of what you must not sell to the underaged.
It is an offence to sell cigarettes, tobacco or cigars to children under the age of 16. The maximum fine is £2,500. And it's worse if you sell them single ciggies, the maximum fine for that being £3,500. You can t sell them cigarette papers either although you can sell them lighters and matches. Lottery tickets and scratchcards are also banned.
And until they reach the ripe old age of 18, it is also an offence to sell them any of the following:
- alcohol
- restricted videos (this includes rental as well as sale)
- fireworks
- butane gas cigarette lighter refills and
- other solvents if you suspect the child of abuse. Maximum penalty for the latter is six months in prison and/or a £5,000 fine.
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