Law changes for the sale of cigarettes and knives

Press release - 28 September 2007

Law changes for the sale of cigarettes and knives

Shropshire County Council’s Trading Standards Service is reminding all retailers and young people alike that from next Monday (1 October) it will be illegal to sell cigarettes and knives to anyone who is under the age of 18. The legal age limit is currently 16. The change in the law brings the legal age for the sale of cigarettes and knives into line with alcohol, fireworks and solvents.

The Trading Standards Service is responsible for enforcing the legislation, which it does through the provision of business advice during inspection, responding directly to business requests for advice and test-purchasing exercises utilising young volunteers.

The Trading Standards Service advises all retailers to be particularly vigilant from the 1 October, and if they are not already doing so, to implement and operate a “Think 21” policy.

Frances Darling, Enforcement Team Manager, said, “We entirely welcome the change in the law as it brings the legal age for the majority of age-restricted products into line with each other at 18. This will help retailers to apply a consistent policy across the board.

Mrs Darling added, “In the majority of our test-purchasing exercises, the retailers who refuse to sell to our volunteers are those who ask anyone who appears to be under 21 for valid proof of age ID. Asking for proof of age is the only way to be sure that someone is legally old enough to be sold age-restricted products and we strongly encourage this approach. We will be concentrating our immediate efforts on advising and educating retailers, following which we will undertake intelligence-led test purchasing exercises.”

Smoking is the single biggest cause of illness and death, killing 86,500 people in England annually. It also costs the NHS between £1.4 - £1.7 billion to treat smoking-related illness.

New research by YouGov has revealed that 69% of adults believe it makes sense to raise the minimum age for the sale of tobacco to 18 in line with alcohol. This backs up evidence from Ireland that shows the same law change there played a key role in reducing prevalence of teenage smoking.

Shropshire Councillor John Hurst-Knight, Cabinet member for waste and economy, added, “The increase in the age for cigarettes has been introduced to help protect children and young people from becoming addicted to nicotine and suffering the serious harm that they can cause. The younger a person is when they start to smoke, the more likely they are to be killed by their addiction. The increase in the age for knives is aimed at reducing violent crime. Shropshire County Council views the legislative changes as sensible steps to take to improve the health of the people of Shropshire and to reduce violent crime in the county.”

If retailers require further information on the changes to the law and how they can comply, they are encouraged to seek advice from the Trading Standards Service on (01743) 254144. In respect of cigarettes, the Department of Health has created a useful website, www.tobaccoagechange.co.uk (see link)

ENDS

For further information, contact Frances Darling, Team Manager (Enforcement), TRading Standards Service, on (01743) 254138.
For media information, contact Laura Owen, Communications officer, Economy & Environment, on (01743) 253318.
Note for Editors:

1. The power to increase the age of sale of tobacco products (which includes cigarettes, cigars, loose rolling tobacco and rolling papers) is conferred on the Secretary of State by virtue of Section 13 of the Health Act 2006. The relevant Order is the Children and Young Persons (Sale of Tobacco etc) Order 2007, which amends the Children and Young Persons Act 1933 and the Children and Young Persons (Protection from Tobacco) Act 1991. The offences remain the same.

2. With respect to knives, Section 6 of the Offensive Weapons Act 1996 created the penalty of selling a knife (and certain other articles with a blade or point) to a person under the age of 16. The offence was created through adding section 141A to the Criminal Justice Act 1988. Section 43 of the Violent Crime Reduction Act 2006 amends section 141A of the Criminal Justice Act 1988 to make it an offence to sell a knife etc to a person under the age of 18 years. The relevant commencement order is the Violent Crime Reduction Act 2006 (Commencement No 3) Order 2007.

3. Volunteers who assist in age-restricted sales test-purchasing exercises have full parental permission to be involved.

4. For more information on “Think 21” and proof of age cards contact Sally Jones at the Trading Standards Service on (01743) 254156.

5. For general business advice, in respect of age-restricted sales and other consumer legislation, contact the Trading Standards Service’s Business Advice Team on (01743) 254144.