To Sell or Not To Sell

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June 2010

To Sell or

Not To Sell

Retailer Guide to Selling Age Restricted Products

PR8099_To Sell or Not To Sell_A5 Brochure 25/05/2010 12:17 Page 1

1

June 2010

To Sell or

Not To Sell

Retailer Guide to Selling Age Restricted Products

PR8099_To Sell or Not To Sell_A5 Brochure 25/05/2010 12:17 Page 1

To Sell or

Not To Sell

The Retailer’s Guide to Selling Age Restricted Products

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Index

Introduction ...3

Social Responsibility...4

21 or 25 Policy...5

SPARPOS Stores Only ...6

Refusals and ID Request Register ...7

Personal Safety (dealing with conflict)...8

Test Purchases...9

Legalities Regarding The Sale of Alcohol ...10

Tobacco and Tobacco products...12

Sale of Solvents ...13

Sale of Medicines...14

Sale of Scissors...14

Sale of Fireworks...14

Sale of Petrol/Fuel...15

Sale of Videos and DVDs...15

Sale of Lottery and Scratchcards...15

What will happen if I make a mistake? ...15

Age Recognition...16

The Licensing Act ...18

Strict Penalties ...20

Due Diligence ...21

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Index

Introduction ... 3

Social Responsibility ... 4

21 or 25 Policy ... 5

Refusals and ID Request Register ... 7

Personal Safety (dealing with conflict) ... 8

Test Purchases ... 9

Legalities Regarding The Sale of Alcohol ..10

Tobacco and Tobacco products ...12

Sale of Solvents ...13

Sale of Medicines ...14

Sale of Scissors ...14

Sale of Fireworks ...14

Sale of Petrol/Fuel ...15

Sale of Videos and DVDs ...15

Sale of Lottery and Scratchcards ...15

What will happen if I make a mistake? ...15

Age Recognition ...16

The Licensing Act ...18

Strict Penalties ... 20

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3

Introduction

As a major player in the convenience retail sector, it is the responsibility of every Day-Today retailer and their representative (you) to ensure we/you operate in a professional and legal manner. Both the law and your store/company policies strictly control the sale of age related or restricted products and in some cases when they can be sold from your store.

Generally, the law holds you personally responsible for all sales of age related or restricted goods you have accepted payment for. The aim of this booklet is to ensure you understand your responsibilities, maintain your personal safety and can comply with the law.

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Social Responsibility

Age Awareness

Here at United Whole (Scotland) Ltd, we highly recommend, that as a Day-Today store, your store adopts the Challenge 25 policy. As a retailer selling age restricted products, you and your employees have not only a legal obligation to sell these products safely and legally but also a social obligation to sell these products responsibly and with respect to the communities in which we trade.

This table displays the legal age you need to be to buy age

restricted products and the policy age. Your must always adhere to the policy age...

Legal

Age Policy Age

Alcohol 18 25

Adult Magazines 18 21/25 Hire of Video/DVD (purchase of Video/DVD/Games - as restrictions on case) 18 21/25

Butane Gas 18 21/25

Solvents 18 21/25

Fireworks 18 21/25

Cigarettes, Tobacco & Smoking Related Materials 18 21/25 Scissors/Knives etc 18 21/25 Medicines (i.e. Paracetamol) 16 21/25

Lottery 16 21/25

Petrol 16 21/25

Liqueur Chocolates 16 21/25

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The 25 Policy

The 21 or 25 Policy

The 25 Policy applies to alcohol sales in ALL stores.

Alcohol cannot be sold to any customer who appears to be under 25 unless they can prove they are over 18 with relevant acceptable ID. Anyone found not asking for ID for someone generally perceived as being under the age of 25 could find themselves liable to prosecution of up to £5,000.

For all other age restricted products a 21 OR 25 policy will apply.

?If anyone who appears to be under the age of 21/25 attempts to purchase any other ‘age restricted product’ you must request ID. You must not sell any ‘age restricted product’ to under 21/25’s unless they can prove their age.

Remember - No proof = No sale!

Enter all refusals and/or ID requests in the ID Request Register or by using the *refusals

button on your touch screen till. *where available

The Challenge 21/25 material you see around your store is to help you reinforce the policy to our customers.

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The right choice, ever

y day

Reason For Refusal

Sold Description of Customer Date Time Employee Name Description of Goods 1 No pr oof of age 2 ID not acceptable 3 Believed to be supplying under age 4 Excluded or banned 5 Out of licensing hours 6 Believed to be drunk 7 Any other reason (please specify) 8 ID shown use code PDL,PP ,Pass Male/ Female Age Height Hair Colour

To

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Th is b o o k t o b e co m p le te d fo r a ll r ef u sa ls o r I D re q u es ts

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Refusals and ID Request Register

The ID Request Register can be found at the checkout.

Every ID request and or refused sale must be entered into the ID Request Register (or button) by the person making the request/refusal.

If you make a refusal because you believe the customer is under age, always offer an ID (citizen card) application form. You can request these from your local Trading Standards department.

Your duty manager should be notified every time an entry is made in the ID Request Register. We recommend that the Store Manager analyses the data recorded in the ID Request Register on a weekly basis to ensure that entries are being made

accurately and at the correct frequency. If it is felt that any staff member is making

unrecorded refusals or requests for ID they will be challenged.

How to successfully refuse a sale

Refusing a sale is never easy. If your customer cannot provide suitable ID you must refuse, following these simple rules will make the procedure easier to comply with and ensure you enforce the law.

• Be polite.

• Explain why you are refusing the sale. • Explain you are under a legal

obligation not to sell… to persons… who are under age.

• Ask a colleague to assist you if you are nervous.

• Never give in to bullying, stick to your decision.

• Record the refusal in the ‘ID Request Register’.

By always recording all refusals, you are starting to build up a defence against prosecution. For additional advice on how to deal with a confrontational situation, refer to the Personal Safety section of this booklet.

Date Time EmployeeName Descriptionof Goods

Reason For Refusal Sold Description of Customer

1 No proof of age 2 ID not acceptable 3 Believed to be supplying under age 4 Excluded or banned 5 Out of licensing hours 6 ID shown use code PDL,PP,Pass Male/

Female Age Height Hair Colour

Store ID Reg

i

ster

This book to be completed for all refusals or ID requests

To Sell or Not to Sell

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Refusals and ID Request Register

Every ID request and or refused sale must be entered into the ID Request Register (or button) by the person making the request/ refusal.

If you make a refusal because you believe the customer is under age, always offer an ID (citizen card) application form. You can request these from your local Trading Standards department.

Your duty manager should be notified every time an entry is made in the ID Request Register. We recommend that the Store Manager analyses the data recorded in the ID Request Register on a weekly basis to ensure that entries are being made accurately and at the correct frequency. If it is felt that any staff member is making unrecorded refusals or requests for ID they will be challenged.

How to successfully refuse a sale

Refusing a sale is never easy. If your customer cannot provide suitable ID you must refuse, following these simple rules will make the procedure easier to comply with and ensure you enforce the law.

Be polite.

Explain why you are refusing the sale. Explain you are under a legal obligation

not to sell... to persons... who are under age.

Ask a colleague to assist you if you are nervous.

Never give in to bullying, stick to your decision.

Record the refusal in the ‘ID Request Register’.

By always recording all refusals, you are starting to build up a defence against prosecution.

The right choice, every day

Reason For Refusal Sold Description of Customer

Date Time Employee Name Description of Goods 1 No proof of age 2 ID not acceptable 3 Believed to be supplying under age 4 Excluded or banned 5 Out of licensing hours 6 Believed to be drunk 7 Any other reason (please specify) 8 ID shown use code PDL,PP,Pass Male/ Female Age Height

Hair Colour

To Sell or Not To Sell

Store ID Register

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Personal Safety

(Dealing with Conflict)

When carrying out a refusal you should always consider your own personal safety. This does not mean you can turn a blind eye to carrying out refusals but it does mean by following a few basic procedures you will reduce any potential risk of harm.

Before you refuse or ask for ID remove the product from off the counter.

Do not appear aggressive, some customers may be excitable, drunk, be affected by either illegal or prescription drugs or have a medial condition unknown to you, but whatever their situation they are more likely to respond aggressively if you appear

aggressive towards them.

Always take one step back before you inform the customer you are refusing the sale. Ensure that you always appear positive and professional, this way you can reduce the likelihood of a potential conflict situation occurring. Try

to:-• Be pleasant and helpful.

• Maintain eye contact, if you avoid eye contact you may seem nervous and therefore not in control, this must be natural eye contact, not staring.

• Always speak clearly, if you need to be more assertive raise your voice but do not shout and always avoid using sarcasms or offensive tones in your voice. Never ever talk down to the customer.

• Look and sound professional.

If you decide to refuse, stick to your decision but be very polite. Show you understand your/our customers feelings by nodding (this will help them to accept what you are saying) try not to slouch, fidget or avoid eye contact. If you do this it appears to the customer that you are disinterested in them or

uncomfortable in carrying out the refusal and they may attempt to put more pressure on you to change your mind.

Act consistently and fairly - you can do this by always asking for ID all the time and every time. Explain why you are refusing the sale.

Working as a team

If you feel intimidated call for assistance (establish what bell or tannoy system you have in store). Always help each other out. If you see a colleague could do with your help, offer it. Just your presence next to your colleague will make all the difference. If a confrontational or any other violent or potentially violent incident occurs always inform your manager of the incident (it is your legal duty to ensure a record of the incident is completed).

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Personal Safety

(Dealing with Conflict)

When carrying out a refusal you should always consider your own personal safety. This does not mean you can turn a blind eye to carrying out refusals but it does mean by following a few basic procedures you will reduce any potential risk of harm. Before you refuse or ask for ID remove the product from off the counter.

Do not appear aggressive, some customers may be excitable, drunk, be affected by either illegal or prescription drugs or have a medical condition unknown to you, but whatever their situation they are more likely to respond aggressively if you appear aggressive towards them.

Always take one step back before you inform the customer you are refusing the sale.

Ensure that you always appear positive and professional, this way you can reduce the likelihood of a potential conflict situation occurring. Try to:

Be pleasant and helpful.

Maintain eye contact, if you avoid eye contact you may seem nervous and therefore not in control, this must be natural eye contact, not staring. Always speak clearly, if you need to

be more assertive raise your voice but do not shout and always avoid using sarcasms or offensive tones in your voice. Never ever talk down to the customer.

Look and sound professional.

If you decide to refuse, stick to your decision but be very polite. Show you understand your/our customers feelings by nodding (this will help them to accept what you are saying) try not to slouch, fidget or avoid eye contact. If you do this it appears to the customer that you are disinterested in them or uncomfortable in carrying out the refusal and they may attempt to put more pressure on you to change your mind.

Act consistently and fairly - you can do this by always asking for ID all the time and every time. Explain why you are refusing the sale.

Working as a team

If you feel intimidated call for assistance. Always help each other out.

If you see a colleague could do with your help, offer it. Just your presence next to your colleague will make all the difference. If a confrontational or any other violent or potentially violent incident occurs always inform your manager of the incident (it is your legal duty to ensure a record of the incident is completed).

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Test Purchases

A test purchase is where you or your store are tested to see if you do always refuse the sale of restricted goods. The Police and Trading Standards are usually the two organisations that will carry out test purchases. They will send in potential customers who are under the legal age restriction relating to the product being tested, i.e. a customer who is under eighteen years of age to purchase alcohol and/or cigarettes.

The only way to ensure you do not fail this test purchase is to ways look at the customer and ask their age and for suitable ID.

Under the present ‘Code of Practice’, Trading Standards and/or The Police are supposed to make sure the person who is carrying out the test purchase looks similar to the required age.

LOOK AT THE CUSTOMER AND ASK FOR ID IF THEY LOOK UNDER 25.

Other organisations that will periodically carry out test

purchases:-Camelot (Lottery and Scratch cards only). The failure of a test purchase carried out by the Police or Trading Standards department usually results in the prosecution of you and your manager.

Failure by Camelot will result in the store’s lottery terminal(s) being removed. Failure of any of the above will result in some form of disciplinary action taking place against you, which could potentially lead to your eventual dismissal.

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Legalities Regarding the Sale of Alcohol

In order for a beverage to be classified as ALCOHOL it must contain 0.5% alcohol (ABV). In order to sell alcohol legally, your store has a Designated Premises Supervisor (usually the manager) and a number of Personal Licence Holders (usually the supervisors). Every sale of alcohol must be authorised by either the Designated Premises Supervisor or a Personal Licence Holder. The Designated Premises Supervisor has given you written authorisation to sell alcohol.This must be prominently displayed for all staff to see. Staff under 18 must never sell alcohol unless the sale is supervised by an individual 18 plus who is authorised to do so by the DPS (*level 1 fine applies).

It is illegal to sell alcohol to any person under the age of 18 (*level 5 fine applies).

Alcohol must not be sold to anyone who is, or believed to be under the influence of alcohol (*level 3 fine applies).

Proxy Purchasing

You must refuse to sell alcohol to customers purchasing alcohol if you believe they intend to supply under 18‘s. This is referred to as ‘Proxy Purchasing’. The adult customer in this instance is liable to an £80 fine for passing Alcohol on to a minor. Allowing an underage person to pay for an age restricted product would also be classed as ‘Proxy Purchasing’ even if the adult is present at the time of the purchase.

No-one is permitted to consume alcohol on the premises; this includes the car park (if operated by the company) and also within the vicinity of the stores.

*Fines are as follows:

Level 1 = £250 Level 2 = £500 Level 3 = £1000 Level 4 = £2500 Level 5 = £5000

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Legalities Regarding the Sale of Alcohol

THIS STORE MAY SELL ALCOHOL WITHIN THE FOLLOWING HOURS

(please ask your manager/owner to help you complete this section).

Failure to comply with legislation regarding the sale of alcohol is very serious. The consequences can be as follows:

The Police or Trading Standards can impose a fixed penalty fine of £80 on the seller; Offer a formal Caution; Prosecute the seller; Prosecute the Licensee/Company and request a review of the Premises Licence which in turn could lead to revoking the licence.

N.B. The person or persons who receive the fine(s) are responsible for paying them. It may also lead to the loss of the store’s licence and adversely affect any future applications. The maximum penalties for contravention of the laws

relating to sales of alcohol are a fine of up to £20,000 and up to 6 months imprisonment.

There are seven main risks that influence our

licence:-• Unsupervised selling by staff under 18 • Selling to persons under 18

• Selling to persons under the influence of alcohol

• Selling outside the permitted hours • Drinking on the premises

• Shoplifting and aggravation by customers (especially under 18) • Selling to adults if you suspect the

customer intends to supply under 18’s.

All new staff must successfully complete a To Sell Or Not To Sell induction and thereafter at least four times a year. A copy of the To Sell Or Not To Sell test sheet can be found in the Guild Academy folder on the Intranet.

Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday: Other: Other: Other:

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Legalities Regarding the Sale of Alcohol

THIS STORE MAY SELL ALCOHOL WITHIN THE FOLLOWING HOURS (please ask your manager/owner to help you complete this section).

Failure to comply with legislation regarding the sale of alcohol is very serious. The consequences can be as follows:

The Police or Trading Standards can impose a fixed penalty fine of £80 on the seller; Offer a formal Caution; Prosecute the seller; Prosecute the Licensee/Company and request a review of the Premises Licence which in turn could lead to revoking the licence.

N.B. The person or persons who receive the fine(s) are responsible for paying them. It may also lead to the loss of the store’s licence and adversely affect any future applications. The maximum penalties for contravention of the laws relating to sales of alcohol are a fine

of up to £20,000 and up to 6 months imprisonment.

There are seven main risks that influence our licence:

• Unsupervised selling by staff under 18

• Selling to persons under 18 • Selling to persons under the

influence of alcohol

• Selling outside the permitted hours

• Drinking on the premises • Shoplifting and aggravation by

customers (especially under 18) • Selling to adults if you suspect the

customer intends to supply under 18’s.

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

Sunday

Other

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Age Restricted Products

Tobacco and Tobacco products

All premises that sell Tobacco and Tobacco products, by law have to display a notice

prominently at the point of sale stating ‘It

is illegal to sell tobacco products to anyone under the age of 18’. Cigarettes or any tobacco products must not be sold to any persons under the age of 18. This legislation came into force 1st October 2007. Company Policies have been amended to follow the legislation so that we are trading legally. This also includes rolling papers, flints, matches and lighter fuel etc (*Level 4 fine applies).

In line with ‘THE 21/25 POLICY’ - If you do not believe the customer to be 21/25 years of age or over and they cannot produce acceptable ID you must refuse the sale and enter the refusal in the ID Request Register. Cigars must not be sold individually unless they are packaged to show a health warning on the wrapper.

Tobacco products must not be split for individual sale (Level 3 fine applies). It is a legal requirement that all tobacco products must

carry:-• A Government health warning • A ‘UK Duty Paid’ stamp

It is an offence for you or your colleagues to sell tobacco or tobacco products to anyone under the age of 18, even if they are buying for their parents or another adult.

This includes cigarettes, cigarette papers, lighters and lighter fuel. We therefore require all employees to ensure that ‘The purchaser appears 21/25 or over’ and/ or they can prove they are over 18 with satisfactory ID (see Acceptable ID section). The fine for selling cigarettes or tobacco products to someone under age is up to £5000 plus an on-the-spot fine for the person who commits the offence.

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Age Restricted Products

Sale of Solvents

It is illegal to sell solvents to any person of any age if you suspect them of buying the product for solvent abuse. It is permissible to sell certain products classed as ‘Solvents’ to under 18’s for legitimate purposes i.e. Hairspray, Nail varnish remover or Tippex. N.B. Lighter fuel and butane gas must never be sold to persons below the age of 18 under any circumstances.

Products classed as solvents

are:-Some Aerosols, Anti-freeze, Nail Varnish, *Butane Gas, Marker Pens, Pain Relief Spray, *Lighter Fuel, Shoe Polish.

*Must NEVER be sold to under 18’s (Level 4 fine applies).

Indicators of solvent abuse are:-• Cold sore type spots around the

nose and mouth • Red blurry eyes • Acting as if drunk • Constant sniffing

• Bulk or frequent purchase of solvent based products

IF IN DOUBT ABOUT SERVING PEOPLE WITH ALCOHOL, TOBACCO OR SOLVENT BASED PRODUCTS, ALWAYS ASK A SUPERVISOR OR MANAGER FOR ASSISTANCE.

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Age Restricted Products

Sale of Medicines

No person under the age of 16 is permitted to purchase medicines (i.e. Paracetamol and other pain killers). Paracetamol and other painkillers are only packaged in quantities of 16 or less. The maximum sale of these products to one customer must not exceed two packets (32 Tablets).

In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID.

If no ID is produced refuse the sale and enter in the Refusals Log. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the Refusals Log.

Sale of Scissors

No person under the age of 18 is permitted to purchase scissors or other sharp objects. In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID.If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the ID Request Register.

Examples of sharp objects that may be sold in your store

are:-• Vegetable knives • Razor blades • T-Bar corkscrews

Sale of Fireworks

No person under the age of 18 is permitted to purchase fireworks (this includes sparklers).

A maximum of 250kgs can be held in a store but only 50kgs can be kept on the shop floor. Shop floor displays must be kept in a glass showcase, cabinet or drawer. The storage unit must be kept locked if the public have easy access. For display purposes dummy boxes must be used. Contravention of the laws regarding the sale of fireworks may lead to a fine of up to £5,000 (summary conviction) or a maximum prison term of 6 months (indictment).

In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID. If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the ID Request Register

Age Restricted Products

Sale of Scissors

No person under the age of 18 is permitted to purchase scissors or other sharp objects. In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID.If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the ID Request Register. Examples of sharp objects that may be sold in your store

are:-• Vegetable knives • Razor blades • T-Bar corkscrews

Sale of Medicines

No person under the age of 16 is permitted to purchase medicines (i.e. Paracetamol and other pain killers). Paracetamol and other painkillers are only packaged in quantities of 16 or less. The maximum sale of these products to one customer must not exceed two packets (32 Tablets).

In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID.

If no ID is produced refuse the sale and enter in the Refusals Log. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the Refusals Log.

Sale of Fireworks

No person under the age of 18 is permitted to purchase fireworks (this includes sparklers).

A maximum of 250kgs can be held in a store but only 50kgs can be kept on the shop floor. Shop floor displays must be kept in a glass showcase, cabinet or drawer. The storage unit must be kept locked if the public have easy access. For display purposes dummy boxes must be used.

Contravention of the laws regarding the sale of fireworks may lead to a fine of up to £5,000 (summary conviction) or a maximum prison term of 6 months (indictment). In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 you must request ID. If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer’s age - refuse the sale and enter in the ID Request Register

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Sale of Petrol/Fuel

No person under the age of 16 is permitted to purchase fuel. All staff who sell fuel should be aware

of:-• Location of the first aid kit • Accident and incident book • Procedure for dealing with fuel

spillages • Refusals Log

In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 the sale can only be made to the driver/rider of the vehicle if adequate ID is shown. If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer‘s age - refuse the sale and enter in the ID Request Register.

Sale of Videos and DVDs

Only video club members (and therefore aged 18 or over) are allowed to hire video/DVD‘s. Sales of videos or DVD’s are restricted to the age group as categorized on the video or DVD case and can only be made to customers of the age (or over the age) shown on the case. If DVD’s or computer games are given away free with newspapers or magazines you must check the age category on the DVD or Game and ask for Proof of Age ID. This is important as the Newspaper or Magazine usually is not age restricted but the free DVD or Game may be.

Age Restricted Products

Sale of Lottery and Scratchcards

We have always been very good at ensuring that we do not sell Lotto tickets or

scratchcards to those customers who are under the age of 16, in fact SPAR is universally recognised as one of the leaders in under age sales prevention. We also recognise that with the changes in the law the lotto tickets or scratchcards are the only major age restricted product left at 16 years, therefore to make life easier for you and your colleagues we have adopted the 21/25 policy in line with the other age restricted products we sell.

What will happen if I make a

mistake?

Mistakes can have serious consequences for you, your colleagues and the business. If an age related or restricted product is sold to the wrong person, the result could mean prosecution for:- You (the employee), *The Designated Premises Supervisor (DPS) normally your Store Manager. Any ‘Personal Licence Holder’ (owner) working at the time of the incident and the Premises Licence Holder. *Applies to the sale of alcohol only. If convicted, the person who broke the law or allowed the law to be broken could face fines up to £5000 and/or a possible prison sentence of up to six months.

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Age Restricted Products

Sale of Petrol/Fuel

No person under the age of 16 is permitted to purchase fuel. All staff who sell fuel should be aware

of:-• Location of the first aid kit • Accident and incident book • Procedure for dealing with fuel

spillages • Refusals Log

In line with ‘THE 21/25 POLICY’ - If a customer appears to be under 21/25 the sale can only be made to the driver/rider of the vehicle if adequate ID is shown. If no ID is produced refuse the sale and enter in the ID Request Register. If you have any doubts as to the validity of any ID or the customer‘s age - refuse the sale and enter in the ID Request Register.

Sale of Videos and DVDs

Only video club members (and therefore aged 18 or over) are allowed to hire video/ DVD‘s.

Sales of videos or DVD’s are restricted to the age group as categorized on the video or DVD case and can only be made to customers of the age (or over the age) shown on the case.

If DVD’s or computer games are given away free with newspapers or magazines you must check the age category on the DVD or Game and ask for Proof of Age ID. This is important as the Newspaper or Magazine usually is not age restricted but the free DVD or Game may be.

Sale of Lottery and Scratchcards

We have always been very good at ensuring that we do not sell Lotto tickets or scratchcards to those customers who are under the age of 16, in fact Day-Today is universally recognised as one of the leaders in under age sales prevention.

We also recognise that with the changes in the law the lotto tickets or scratchcards are the only major age restricted product left at 16 years, therefore to make life easier for you and your colleagues we have adopted the 21/25 policy in line with the other age restricted products we sell.

What will happen if I make a mistake?

Mistakes can have serious consequences for you, your colleagues and the business. If an age related or restricted product is sold to the wrong person, the result could mean prosecution for: You (the employee), *The Designated Premises Supervisor (DPS) normally your Store Manager. Any ‘Personal Licence Holder’ (owner) working at the time of the incident and the Premises Licence Holder.

*Applies to the sale of alcohol only. If convicted, the person who broke the law or allowed the law to be broken could face fines up to £5000 and/or a possible prison sentence of up to six months.

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Age Recognition

To refuse a sale is not the easiest thing to do. You may feel embarrassed, frightened or intimidated, and not feel able to ask for ID. If this is the case then you must call your Supervisor to the till to help you until you feel able to do this yourself.

When you are making a decision whether to sell Age Restricted Products be aware of the things that lead you to make an age judgement.

Always take a second look at the customer buying an Age Restricted Product and be sure in your own mind that you feel they are old enough to purchase the goods. This means that they must look over 21/25 or have adequate ID to prove their age.

Things that lead us to make age judgements are:

Making Age Judgements - APPEARANCE

• Clothing • Complexion • Women - make-up

• Physical Development - height • Women - breasts, Men - Adam’s

apple/stubble • Hair style • Body language

Making Age Judgements - BEHAVIOURS

• Nervous

• Confident (overly?)

• Hastiness in locating and paying for a product

• Behaviour outside the store • Attitude

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Age Recognition

Making Age Judgements - PURCHASES

• Type of goods purchases (£6.99 wine v single bottle WKD)

• Quantity of goods being purchased • Other goods being purchased • Method of payment (loose change v

credit/debit card)

• One method used when requesting ID is referred to as ‘Lightening’. This is a term to describe how till operators can soften a potentially difficult situation.

• E.g. ‘Have you got ID on you, love?’ • This method is generally used by

women.

• The other method is referred to as ‘Distancing’. This is a term where you explain that you are only following the law by requesting ID. • E.g. ‘Sorry but I have to ask you for ID’ or ‘I know it is a pain but they make us ask nearly everyone’. • Male staff tend to use this approach.

If you find either approach will help to ease the process for making Age Restricted Sales - use them!

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The Licensing Act

All our policies are designed to ensure we operate the business in accordance with:-The Children and Young Persons (Sale of Tobacco et.) Order 2007 and to operate the business in accordance with the Licensing Act (England & Wales) 2003 and the four licensing

objectives:-• The prevention of crime and disorder • Public safety

• The prevention of public nuisance • The protection of children from harm

Your store’s Designated Premises Supervisor (DPS) will authorize you to sell alcohol on their behalf. Please make a note of who is your DPS.

However, because of the nature of the retail trade those employees aged 16 and 17 can also sell alcohol, but they must have each sale authorised by a fellow employee who is aged over the age of 18. (To qualify as an authorised sale, the sale must be witnessed authorised by the fellow employee who is aged over the age of 18 and they will then take overall responsibility for the sale). Your store will have specific rules to ensure this takes place, please note them

here:-Time Restrictions

Alcohol is the only product that we sell that has specific resrictions as to when it can be sold. In England and Wales, these times are decided at the time of application of the Premises Licence to the licensing authority. The maximum fine for selling alcohol outside of the store’s authorised licensing hours is £20,000 and/or 6 months imprisonment. The times you can sell alcohol in your store is detailed on page 11.

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The Licensing Act

All our policies are designed to ensure we operate the business in accordance with:- The Children and Young Persons (Sale of Tobacco et.) Order 2007 and to operate the business in accordance with the Licensing Act (England & Wales) 2003 and the four licensing

objectives:-• The prevention of crime and disorder

• Public safety

• The prevention of public nuisance • The protection of children from

harm

Your store’s Designated Premises

Supervisor (DPS) will authorize you to sell alcohol on their behalf. Please make a note of who is your DPS.

However, because of the nature of the retail trade those employees aged 16 and 17 can also sell alcohol, but they must have each sale authorised by a fellow employee who is aged over the age of 18. (To qualify as an authorised sale, the sale must be witnessed authorised by the fellow employee who is aged over the age of 18 and they will then take overall responsibility for the sale).

Your store will have specific rules to ensure this takes place, please note them here:

Time Restrictions

Alcohol is the only product that we sell that has specific resrictions as to when it can be sold. In England and Wales, these times are decided at the time of application of the Premises Licence to the licensing authority. The maximum fine for selling alcohol outside of the store’s authorised licensing hours is £20,000 and/ or 6 months imprisonment. The times you can sell alcohol in your store is detailed on page 11.

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The Licensing Act

What do the four licensing objectives actually mean?

All companies must run their business with a view to upholding these four objectives. As a Company we are required to outline how we intend to promote the objectives in our business. This information is submitted to local licensing authority with the Licence application.

The Police or Trading Standards will often ask you during authorised or unauthorised visits what are the objectives and what is the store doing to uphold them.

The prevention of crime and disorder:

Means how the store will help to assist in the reduction of crime and disorder within the store’s vicinity. These could include details of your CCTV system, or membership of a crime prevention scheme.

Public Safety: Means how your store will assist in ensuring your customer and residents’ personal safety within the vicinity of the store. These could include details of any external lighting provided to aid customer safety.

The prevention of public nuisance:

Means how the store will help to reduce the amount of nuisance behaviour in and around your store. These could include details of how you tackle youths congregating outside the store.

The protection of children from harm:

Means you or the store will ensure that no person under the required age can purchase or obtain an age restricted product. These could include details of the Proof of Age Scheme you subscribe to and ensuring any promotional activity imagery used does not directly appeal to underage drinkers. Ask your DPS what your store is doing to meet these four licensing objectives?

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Strict Penalties

With these strict penalties, the Government is sending out a very clear message that everyone involved in breaking the law will face a penalty/fines and/or imprisonment. If you or the store fails an alcohol test purchase exercise, the police have the power to either close the store or ban the store from selling alcohol for up to 48 hours. It is also very likely, that as a result of any age related prosecution, your store could permanently close. This would mean the loss of jobs, and a quality convenience store for your community. We will provide you with training to ensure this does not happen.

But the only way to avoid mistakes is to always ask the customer’s age by asking to see a recognised form of ID.

Remember - If you break the law, you pay the fine.

The only way to ensure you do not fail a test purchase is to always look at the customer and ask their age and if in any doubt about their age, ask for suitable ID.

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Due Diligence

What is a ‘Due Diligence’ defence?

A ‘Due Diligence’ defence is where we/you can prove that you know the law and under normal circumstances comply with it. It will not stop you from being prosecuted but it could reduce the fine or result in reducing the prosecution to a criminal caution. It is usually used in court to prove that it was an accident and not your normal procedure. Its aim is to prove that you know the law and understand your legal responsibilities/obligations and would not normally break the law. The following documents are required to prove

this:-• A copy of the staff declaration form (that you signed at induction/training)

• A copy of your entries in the ID Request Register

• Other training records such as course attendance etc.

The To Sell Or Not To Sell training should be done periodically (4 times a year) to ensure you still know the law. Ask your

manager/owner how often you will be asked to complete the competency tests?

All of the listed documents will be kept on file at your store or head office as part of your training records.

Always make sure you record all refusals and ID requests in the ID Request Register.

Lets re-cap

To ensure your store obeys the law, always follow this simple

guide:-Always refuse the sale of Alcohol to anyone who appears to be under age 25, unless they can prove they are over 18 by showing a licensing authority-approved form of identification.

Always refuse the sale of Cigarettes/Tobacco and related products, Sharp

Instruments/Offensive weapons, Fireworks, Lighter Fuel/Butane Gas, Adult Magazines and 18+ certificate Videos/DVDs/Games to anyone who appears to be under age 21, unless they can prove they are over 18 by showing a licensing authority-approved form of identification.

Always refuse the sale of Lottery Tickets, Scratchcards and Medicines to anyone appearing under the age of 21, unless they can prove they are over age 16, using an approved form of identification.

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Due Diligence

What is a ‘Due Diligence’ defence?

A ‘Due Diligence’ defence is where we/ you can prove that you know the law and under normal circumstances comply with it. It will not stop you from being prosecuted but it could reduce the fine or result in reducing the prosecution to a criminal caution. It is usually used in court to prove that it was an accident and not your normal procedure. Its aim is to prove that you know the law and understand your legal responsibilities/obligations and would not normally break the law. The following documents are required to prove this:

• A copy of the staff declaration form (that you signed at induction/training)

• A copy of your entries in the ID Request Register

• Other training records such as course attendance etc.

The To Sell Or Not To Sell training should be done regularly to ensure you still know the law.

Always make sure you record all refusals and ID requests in the ID Request Register.

Summary

To ensure your store obeys the law, always follow this simple guide:

Always refuse the sale of Alcohol to anyone who appears to be under age 25, unless they can prove they are over 18 by showing a licensing authority-approved form of identification.

Always refuse the sale of Cigarettes/ Tobacco and related products, Sharp Instruments/Offensive weapons,

Fireworks, Lighter Fuel/Butane Gas, Adult Magazines and 18+ certificate Videos/ DVDs/Games to anyone who appears to be under age 21, unless they can prove they are over 18 by showing a licensing authority-approved form of identification. Always refuse the sale of Lottery Tickets, Scratchcards and Medicines to anyone appearing under the age of 21, unless they can prove they are over age 16, using an approved form of identification.

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Due Diligence

The police also have powers to issue fixed penalty notices, that is, on-the- spot fines of £80+ for:

• Shop staff who fail a test

purchase (so always remember to ask the customer their age and obtain confirmation ID)

• Staff serving customers who are already drunk

• Customers buying alcohol for under 18’s

• Children buying alcohol, cigarettes or tobacco products

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Due Diligence

Understanding and complying with the correct use of the till prompt systems will ensure you do not fall foul of the Law. Understanding and complying with the 21/25 policy and correct use of the till prompt systems will ensure you do not fall foul of the Law.

Please note: You will be required to show the courts all transaction records if you break the law and serve a customer who should not have been served.

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A.F. BLAKEMORE & SON LIMITED

Long Acres Industrial Estate

Rosehill, Willenhall

West Midlands WV13 2JP

www.afblakemore.com

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References

Related subjects : To Sell or Not To Sell