Scottish Age-restricted Sales Enforcement Working Group
Provisions governing the sale of tobacco to under 18s 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 18. 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 Enforcement Group was set up in 2000 to consider the steps which might be taken to ensure retailers comply with tobacco sales law more successfully. Its remit was subsequently widened to include all age-restricted products. In addition to health interests, the Group has representatives from Local Authorities Co-ordinators on Regulatory Services (LACORS), SCOTSS, COSLA, ACPOS, the Scottish Retail Consortium the Scottish Grocers Federation, the Scottish License Trade Association; the Scottish Beer and Pub Association, the British Hospitality Association and the British Entertainment and Dance Association. (see details below).
Following the evaluation tobacco test purchasing pilots, which ran from June 2002 until January 2004, the Lord Advocate announced on February 25, 2005, that prosecution policy has been revised to allow test purchasing of age-restricted goods other than alcohol and airguns by children and young people under the age of 18, in circumstances where the purchaser is not committing a separate offence. Following further successful piloting by Fife Constabulary the law was subsequently changed to permit alcohol for test purchasing.
Enhanced Tobacco Sales Enforcement Programme
The Enhanced Tobacco Sales Enforcement Programme was officially launched on February 25, 2009. The scheme, involving local authority trading standards services working in partnership with Her Majesty's Revenue and Customs, has two main aims:-
stepping up enforcement of tobacco sales law to prevent illegal sales of tobacco products to under 18s; and tackling the availability of smuggled or counterfeit tobacco products in local communities
Details of the outcome measures proposed under the scheme are set out below:
Outcome | Target | Methodology |
Reduce the % of 15 year old regular smokers who buy cigarettes from shops | Reduce to 50% by 2010 [2006 baseline: individual local authority SALSUS figures ] | From SALSUS data, |
Reduce the % of 15 year old boys who regularly smoke | Reduce to 10.5% by 2010 [2006 baseline: 12%] | Existing government targets From SALSUS data |
Reduce the % of 15 year old girls who regularly smoke | Reduce to 16% by 2010 [2006 baseline: 18%] | Existing government targets From SALSUS data |
| | |
Process measures | | |
Each local authority to consider the extent to which it is appropriate for them to carry out in their area a programme of enforcement action relating to sale of tobacco to young persons | At least once in every period of twelve months, | Annual return compiled by National Co-coordinator for Scottish Government |
Increase targeted enforcement activity at retail level | Minimum 10% per annum of tobacco retailers subject to test purchase | Simple output based on agreed number of tobacco retailers in each area for which funding has been allocated. |
Reduce percentage of retailers willing to sell cigarettes to persons under 18 | Reduce sales by 50% by 2011 [2007 baseline 26%] 23% by 2009 19% by 2010 13% by 2011 | Simple measure to show increased compliance following increased enforcement activity. |
Increase advice and support to tobacco retailers | Minimum 20% per annum of tobacco retailers visited to provide advice and support | Simple output to show increased effort into helping retailers prevent sales by their own staff. |
Increase joint working with HMRC | 5 operations 08-09 6 operations 09-10 7 operations 10-11 | Simple measure of joint operations on illegal tobacco at local and national level. Quantities of seizures to be recorded. |
In order to facilitate the national co-ordination of the Enhanced Tobacco Sales Enforcement Programme and related activities, funding has been made available for the appointment of a National SCOTSS Co-ordinator to provide feed back and to link to other relevant national activity including liaising with Young Scot/Dialogue Youth to ensure wider uptake and recognition of the YS/DY National Entitlement Card as proof of age and the Scottish Tobacco Control Alliance.
Links to:
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-18s, the Scottish Government is continuing to support the availability across Scotland of the Dialogue Youth/Young Scot National Entitlement 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.