LICENSED PREMISES FAIL TOBACCO TEST

During August 2009, Argyll and Bute's Trading Standards service conducted a survey using a volunteer 16 year old test purchaser to buy cigarettes from vending machines.

The legal age for buying tobacco is 18.

The survey was carried out in response to the Tobacco and Primary Medical Services (Scotland) Bill now progressing through the Scottish Parliament, which proposes the banning of cigarette vending machines.

During the survey, 24 licensed premises were visited across Argyll and Bute. Despite the increase from 16 to 18 years of age for the sale of cigarettes in 2007 the results were alarming, with sales of cigarettes being made at 23 of the 24 premises.

Councillor Daniel Kelly, Chair of Argyll and Bute Council’s Planning, Protective Services and Licensing Committee, said: “It is important that retailers act upon this survey. It is against the law to sell cigarettes to people under 18 years of age, and licensees have the same responsibility as other retailers when it comes to refusing sales and obeying the law.

“It is vital to ensure that access to tobacco products is restricted and that staff are fully trained to challenge young people for proof of age.

“We recognise that this is not always straightforward, and to help retailers we have followed up the test purchasing exercise with advice visits to support businesses comply with the law.

“The onus is on them to place vending machines where staff can see them, and to train their staff to be on the lookout for youngsters trying to use them. Traders who persistently break the law will be reported to the Procurator Fiscal."

All of the premises revisited have demonstrated a desire to comply with legal requirements placed upon them in relation to the selling of tobacco and tobacco products.

Whilst accepting that vending machines cannot be monitored 100% of the time, the premises have promised to take measures to avoid making prohibited sales in the future including:

· Removal of the machine from the premises.

· Repositioning of the machines.

· Increasing staff awareness.

· Converting the machines to remote control operation.

Of particular interest is the innovation of converting vending machines into remote control units. This ensures that the person attempting to purchase cigarettes has to speak to a member of staff who can then assess their age before authorising the sale.

In addition to the proposed measures, each of the premises will be given formal notification of their obligations not to sell tobacco or tobacco papers to people under the age of 18. Furthermore, the premises have been notified that another survey will be conducted in the near future.