Cigarette Machines

Introduction
Most consumer laws control the quality and safety of goods and services. Some restrict the sale of goods to certain people. Tobacco products are one such range of goods. The law restricts the sale of cigarettes to those aged 16 or over. This applies to both over the counter and vending machine sales.

These guidance notes are aimed at establishments which have a vending machine for cigarettes and have responsibility or ownership of the machine.

The law
The Children and Young Persons (Protection from Tobacco) Act 1991 bans the sale of cigarettes to people under 16. The Act makes it an offence to sell cigarettes to a person under 16, whether by machine or over the counter. If you have a vending machine you must have a sign on it which reads as follows:

The sign should be at least 60mm x 100mm and each character a minimum of 6mm in height.

If you also sell tobacco (including cigars) over a bar or from kiosk you must have a sign which says:

This sign must be at least  297mm x 420mm. The characters must be at least 36mm high.

Each of these signs is available free of charge from us. Failure to display the required signs is an offence.

Your defence
The only defence for selling cigarettes to a person under 16 is that you took all reasonable precautions and used all due diligence to prevent the offence occurring. Excuses such as:

"I couldn’t see the child", "I thought he looked 16", "They told me they were 16" or  "She said they were for someone else"

do NOT constitute reasonable precautions.

If you are in any doubt you must refuse to sell. ID can be borrowed – do NOT rely on it. It is not illegal for a child to buy cigarettes or to smoke, but it is illegal for you to sell them.

How to prevent offences

• Have your vending machine where a member of staff can see it at all times. Avoid sitting it in out-of-way places like unattended corridors, especially if the machine could be used by someone coming in off the street without entering the bar area. 
• If your premises are near to a school, keep a special watch on the machine at lunch time and at the end of the school day. 
• If in doubt always ask for proof of age. The only foolproof ID is an official document with a photograph, such as a passport 
• Ask regulars to point out any children who look under age the same as if you were looking for under age drinkers. Challenge anyone you think is under 16 and ask them not to use the machine, pointing out the statutory notice.   

Penalties
If you do not have a required sign, or if you display one which does not comply with the law, you could face a fine of up to £1,000.

If you sell cigarettes to a person under 16 through a machine or by any other method you could face a fine of up to £2,500.

A court could also force you to move your vending machine or have it removed.

About Trading Standards
Trading Standards Departments have a duty in law to enforce this legislation to protect the health of young people. Out job is to advise traders and when necessary prosecute those who break the law. Under strict Home Office guidelines, we are permitted to inspect premises using children to make test purchases. These visits are unannounced and can happen at any time.

If a trader is found to be allowing under 16’s to buy cigarettes from their machine he/she can expect to be interviewed under caution and legal proceedings could follow.

However, we would rather see traders get it right than face prosecution. That is why we have produced these guidance notes.

Please make sure all your staff read them and understand the severity of the offence and the importance of protecting young people from tobacco. Our officers are happy to give personal advice to any reputable trader.

Finally
Feel free to contact us on 01925 442658 should you need further advice or guidance.

Remember
£2.50 in your machine could cost you £2,500 in a magistrates court

This leaflet has been prepared for the guidance of traders. It is necessarily worded in a general way and cannot cover every circumstance. It is not an authoritative interpretation of the law.

For further advice contact:-

Warrington Borough Council
Community Services Directorate
Trading Standards
Palmyra House
Palmyra Sq Nth
Warrington
WA1 1JN

Tel No: 01925 442678 Fax: 01925 442655