Proof of Age cards

Information about the scheme

Since September 1999 Proof of Age Cards have been issued to pupils attending school in Bury as they reach their 16th birthday. Recent editions of the 16+ card also have the date of the 18th birthday.

The card is in the style of a credit card with a photograph, name and date of birth scanned onto it. In order for the scheme to be successful in reducing the number of under age sales in the Borough as a trader you will need to operate a 'No Card - No Sale policy'.

Guidance notes to traders

You must make a point of checking the details on the card to ensure the individual has reached their 16th birthday.

In addition you will be supplied with a sticker to display in your shop stating 'No Proof - No sale' please display this in a prominent position to discourage attempts to purchase by under age people.

Remember if the cards are in circulation and you make an illegal sale you may be prosecuted.

The Trading Standards Service enforces legislation which relates to age restricted goods.

You must not serve any of the above products to a person who has not reached the required age.

There are more restrictions on the sale of some of the above goods, for example, Videos should be clearly marked with their classification symbol. The video box should also display the symbol on its largest face and on the spine, and the symbol and explanatory statement should be displayed on the other largest face of the box. Cigarettes must be sold in their original packaging, you must never split a pack and sell them as single items.

Warning statements

Retailers must display the following warning statements:

On their premises:

'It is illegal to sell tobacco products to anyone under the age of 18'. 

On any vending machines:

'This machine is only for the use of people aged 18 or over'.  Vending machines should be positioned where the person in charge of it can ensure that it is not used by people under the age of 18. 

Cigarettes must be sold in their original packaging, you must never split a pack and sell them as single items.

Fireworks:

If selling fireworks you must display an A3 size notice stating that it is illegal to sell fireworks to anyone under the age of 18 and it is illegal for anyone under the age of 18 to possess adult firewokrs in a public place. Restricted Products

Fireworks must be sold in their original packaging which displays warnings.  Neither should packs be split to sell as single items.

What happens if I sell a restricted product to a person who is under the age limit or fail to comply with other requirements?

You may commit a criminal offence and be liable to a fine of up to £5,000 or 6 months imprisonment, or both. 

The law does, however, allow for a defence of due diligence.

Precautions

If you exercise reasonable precaution and due diligence to avoid serving the products to an under age person you will be able to claim that defence.

The following precautions may help you to avoid breaking the law but ultimately only the courts can decide if you have taken all precautions available:

• Unless you are absolutely sure of the persons age you should always ask. 
• Ask to see some proof of their age.
• Where sales are refused keep a record of them to show that it is being done.
• Display your tobacco warning notice in a prominent place.
• Do not serve anyone who you suspect is under age even if they say the goods are for someone else.
• Issue any staff who may serve age restricted products with written instructions outlining the law and what checks they should carry out.
• Ask staff to sign a copy of the instructions to show that they have read and understood them.