PROTECTION AND CONTROLS
Tobacco Enforcement Group
Provisions governing the sale of tobacco to under 16s are enshrined in the Children and Young Persons (Scotland) Act 1937 as amended by the Children and Young Persons (Protection from Tobacco) Act 1991. The legislation makes it an offence to sell tobacco or cigarette papers to children under 16. Other provisions include prohibition of the sale of unpackaged cigarettes, the display of warning notices by retailers and on vending machines and enforcement action required by local authorities.
The Tobacco Enforcement Group was set up in 2000 to consider the steps which might be taken to ensure retailers comply with the law more successfully. In addition to health interests, the Group included representatives from Local Authorities Co-ordinators on Regulatory Services (LACORS), SCOTSS, COSLA, ACPOS and the Scottish Retail Consortium. (see details below).
Test Purchasing
At the end of 2001, the Lord Advocate granted permission for a pilot scheme to assess whether test purchasing by children could work safely and fairly in a Scottish context to help achieve more effective enforcement of the law prohibiting the sale of age-restricted goods.
The Tobacco Enforcement Group oversaw the pilot scheme. Although the results of the pilot scheme would be read across to all age-restricted goods, to provide consistency and ease evaluation, it was agreed to confine the pilot to tobacco products.
Four sites were selected for a test purchase pilot scheme: Edinburgh, Moray, Stirling and South Ayrshire. A project plan and operating protocol were subsequently agreed with the pilot areas and the pilots were officially launched in June 2002, and ran until January 2004. The results were independently evaluated by the Scottish Centre for Social Research (incorporating Scottish Health Feedback).
Tobacco Products Test Purchasing Pilot Scheme Project Plan
The evaluation report was submitted to the Lord Advocate in June 2004 and, following detailed consideration of the findings, on 25 February, the Lord Advocate announced that prosecution policy has been revised to allow test purchasing of age-restricted goods by children and young people under the age of 18, in circumstances where the purchaser is not committing a separate offence.
This will allow for the test purchasing of tobacco, fireworks and other age restricted goods, but does not allow for the test purchasing of alcohol.
Test purchasing of age restricted goods news release
Final Evaluation Report on the Test Purchasing of Tobacco Pilot Scheme
Enforcement protocol
In light of the decision on test purchasing, we will agree an enforcement protocol with our local authority partners to guide more effective enforcement of the Children and Young Persons (Protection from Tobacco) Act 1991.
Proof of age cards
In addition to looking for ways to raise awareness about illegal sales and encourage the public to report retailers who sell cigarettes to under-16s, the Executive is continuing to support the roll out across Scotland of the Dialogue Youth project and associated Young Scot card which provides, amongst other things, proof of age and to work with Young Scot, the Scottish Retail Consortium, CoSLA and the Society of Chief Officers of Trading Standards in Scotland to encourage support of the card, including by retailers.
Link to Young Scot Website - www.youngscot.org
Tobacco Advertising and Promotion Act 2002
The Tobacco Advertising and Promotion Act 2002 received Royal Assent on November 7, 2002. The Act bans press, billboard and most internet advertising of tobacco products and the promotion through free distribution of tobacco products, coupons and mail shots in the UK. Scottish Ministers have regulation making powers under the Act and have made regulations to end the promotion of tobacco products through sponsorship of sporting and other events and to place restrictions on point of sale advertising. The UK Government has made regulations for the whole of the UK to ban tobacco brand sharing with other goods ie. Marlboro clothing.
We have established, in partnership with the UK Government, appropriate arrangements to monitor the Tobacco Advertising and Promotion Act 2002 in order to close any loopholes which are identified. This includes monitoring of remaining marketing activity, including point-of-sale publicity, distribution strategies, pack design, new product development and corporate social responsibility campaigns.