6th November 2024
Highland Council's Trading Standards team is reporting worrying findings from the age restricted product test purchase programme it carried out over the last six months.
During the most recent exercise, premises in Skye, Easter Ross, Inverness, Badenoch and Strathspey were test purchased for cigarettes and vapes using volunteers under 18 years of age. This is part of a programme covering the whole of the Highlands.
Overall, a total of 52 premises were tested and 13 shops sold these products to the young volunteers, a failure rate of 25%. However, when split by product the results show a significant difference. 28 premises were test purchased for cigarettes and 5 sold, a failure rate of 17%. 24 premises were test purchased for vapes and 8 sold - an alarming failure rate of 33%.
The sellers who sold the age restricted products and the businesses were all issued with Fixed Penalty Notices for £200. Premises that failed to have an Age Verification Policy, more commonly known as Challenge 25, were also given Fixed Penalty Notices for £400. Each time a Fixed Penalty Notice is issued to a business, the amount of the fine increases by £200.
If three or more Fixed Penalty Notices are issued in a two-year period, then a Tobacco and Nicotine Vapour Product Banning Order can be sought from the Sheriff Court. If granted, the premises will be banned from selling Tobacco and Vapes for up to two years. Highland Council Trading Standards already have two Banning Orders granted by Inverness Sheriff Court this year. These premises had repeatedly sold vapes to underage young people and were the subject of numerous complaints from the public. Other investigations are ongoing and further applications for banning orders pending.
David MacKenzie, Trading Standards Manager said: "It is extremely disappointing that one in three retail premises sold vapes to our young volunteers. Most local businesses that sell tobacco and vapes have worked with our officers to ensure that they comply and keep people safe but unfortunately there have been sellers who have acted irresponsibly. We work collaboratively with businesses who want to comply, but we will always take firm action against those that flout these important public protection and child safety laws. This includes issuing Fixed Penalty fines and ultimately applying to the Sheriff Court for a Banning Order where retailers repeatedly fail a test purchase or otherwise fail to meet their legal responsibilities. We will also continue an extensive programme of advisory visits to shops and "test purchases" using young volunteers".
David MacKenzie advised: "Every shop that sells tobacco and vapes must have an Age Verification Policy. This is the agreed steps that have been put in place by a retailer to ensure that any customer for tobacco and vapes who appears to be under 25 is asked for proof of age. It legally requires that all customers that look under 25 must be asked to show valid proof of age that verifies they are over 18. Retailers should keep a record of the steps they have agreed to take and should make sure that all staff are familiar with those. Failure to have an age verification policy in place could ultimately lead to a prosecution through the courts that could carry a fine of up to £500."
The work continues for Trading Standards on an issue that is causing real concern in communities up and down the Highlands. This is not something that is restricted to one town or area and officers are active throughout the full council area.
David MacKenzie concluded: “This issue is worrying parents, teachers, reputable business owners and many others in the community. If you have information about illegal sales, particularly to children, please let us know by reporting the matter to our partner agency Advice Direct Scotland on 0808 164 6000 or at https://consumeradvice.scot/contact/ ADS provides advice to consumers and passes all relevant information to us.”
Advice for businesses seeking guidance on the law on tobacco and vape sales is at:
https://www.businesscompanion.info/en/quick-guides/underage-sales/tobacco-and-vapes-s
Highland businesses can contact Trading Standards with specific queries on trading.standards@highland.gov.uk
Anyone interested in volunteering to be a ‘test purchaser' can apply at: https://www.highland.gov.uk/agerestrictedsales