Information on Loughborough

Trading Standards Warn Against Underage Sales

Posted on 03/06/2009

Leicestershire Councty Council Community Services

3 June 2009

Trading Standards Warn Against Underage Sales

13% of shops tested by Leicestershire Trading Standards last year illegally sold alcohol or cigarettes to underage children. Some of the alcohol test purchase operations were carried out jointly with Leicestershire Police.

Illegal sales can have a real effect on the health of children and the community in general. 80% of regular adult smokers began as older children or teenagers and those who start young are three times more likely to die of a smoking related disease. Over a third of 14-16 year old children surveyed at six schools in Leicestershire smoke. Alcohol is a powerful highly addictive drug. Children as young as eleven are alcoholics and more children are dying from alcohol poisoning. The safety of drunken children and the anti-social behaviour are two other serious consequences.

It is for these reasons that illegal underage sales are taken very seriously by Trading Standards.

David Bull, Head of Leicestershire County Council Trading Standards said: “Trading Standards continues to provide advice and support to local businesses. We will continue to take enforcement action against the irresponsible minority, who continue to sell to children and/or have inadequate procedures to help prevent staff making illegal sales. The safety of children and the well-being of our communities are high priorities for us. ”

If you have any information relating to illegal alcohol or cigarettes sales to children, please report it confidentially to Trading Standards via Consumer Direct on 08454 04 05 06.

Businesses in the County who would like a free pack of practical precautions or consider they need further advice to deal with age restricted sales should contact the Trading Standards Business Advice Line for free advice on 0116 305 8000”.

Contacts:

Trading Standards

Graham Coe – Team Leader 0116 3056547

Karen Retallic – Senior Enforcement Officer 0116 3056548

Keith Regan – Unit Head 0116 3056533

www.leics.gov.uk/trandingstandards

Notes for Editors

1.

It is an offence, contrary to the Section 146(1) of the Licensing Act 2003 to sell alcohol to a person under 18. The penalty for an illegal sale is a fine of up to £5,000. Both the person physically making the sale and business that owns the alcohol can be guilty of the offence.

2.

It is an offence, contrary to Section 7(1) of the Children and Young Persons Act 1933 to sell tobacco to a person under 18. The penalty for an illegal sale is a fine of up to £2,500. Both the person physically making the sale and business that owns the tobacco can be guilty of the offence.

3.

Leicestershire Trading Standards, as a responsible authority, may ask a licence authority to review a licence because of a matter arising at the premises in connection with any of the four licensing objectives. The licensing objectives are:

  • Prevention of crime and disorder
  • Public safety
  • Prevention of public nuisance
  • Protection of children from harm

4.

Where a licensing authority, when hearing a review application, considers that action is necessary it may take any of the following steps:

  • modify conditions of the licence
  • exclude a licensable activity
  • remove the designated premises supervisor
  • suspend the licence for a period no exceeding 3 months
  • revoke the licence

5.

The premises licence holder may appeal against the decision of the Licensing Authority to the Magistrates Court within 21 days.

6.

Alcohol test purchase statistics in Leicestershire over the last 6 years:

Year Attempts Sales Failure rate 03/04 58 4 7% 04/05 51 9 18% 05/06 98 39

40%

06/07 198 78 41% 07/08 282 83 29% 08/09

159

30 19% Total 846 243 29%

7.

Cigarette (not vending machines) test purchase statistics in Leicestershire over the last 6 years:

Year Attempts Sales Failure rate 03/04 24 4 17% 04/05 29 5 17% 05/06 31 7 22% 06/07 14 5 36% 07/08 145 6 4% 08/09 214 17 8%

Total

              

8.

Cigarette (vending machine) test purchase statistics in Leicestershire:

Year Attempts Sales

Failure rate

04/05 5 5 100% 05/06 4 1 25% 06/07 16 10 62.5% 08/09 3 3 100%

9.

Enforcement outcomes 08/09:

A.  Prosecution

    Cigarettes - £200 fine, £220 costs, £15 victim surcharge

    Cigarettes – Fine £200, £200 costs, £15 victim surcharge

    Alcohol - £300 fine, £448.32 costs, £15 victim surcharge

    One case pending

B.  Fixed Penalty Notices – 8 known to the Service but majority of illegal alcohol sales dealt with by Leicestershire Police are by £80 FPNs

C.  Written Warnings – 11 to both employees and owners

D.  Formal cautions – 12

E.  Personal Licence surrendered – 1

F. Employee lost job – 1

G.  Enterprise Act undertakings – 2

H. Two TSS licence review applications made. One resulted in the revocation of the licence the other licence was surrendered before the review hearing.

I.  Two police licence review applications were made with supporting representations from Leicestershire Trading Standards. These resulted in the suspension of a licence, replacement of DPS and warning in one case and conditions being attached to the licence in the other.

J. An unknown number of review applications have also been made by the Police following test purchase failures from joint operations.