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Local authorities encouraged to be tough with shop-keepers who flout the law

A new set of guidelines aimed at reducing the number of under-age smokers by identifying breaches of the law and carrying out high-profile prosecutions of retailers who sell to children under 16 has been launched today (Wednesday).

It is a joint initiative by the Department of Health and Department of Trade and Industry, which has the responsibility for local Trading Standards Officers.

The best practice code, known as the tobacco enforcement protocol, has been agreed with LACOTS (Local Authorities Co-ordinating Body on Food and Trading Standards) and the Local Government Association. It was foreshadowed in the Government's White Paper Smoking Kills and is part of the overall tobacco education programme to reduce smoking, which kills 120,000 people every year.

There are already examples of good practice, such as Kingston which uses children working under-cover to carry out test purchasing in order to catch offending shop-keepers. Such a programme with the help of a 13 year old girl found that 45 per cent of retailers sold tobacco to under-age children. Following a series of high-profile prosecutions the figure was reduced to only 10 per cent.

Public Health Minister Yvette Cooper said," I welcome this code of best practice which has the full support of the local authorities. Too many shop-keepers still sell illegally to children. Any action that can be taken to stop harmful tobacco products falling into the hands of children will reduce the chances of them ever becoming smokers in the future."

Kim Howells, DTI Minister for Consumer Protection said," I am very pleased to see this initiative that will hopefully help lower the number of under-age smokers in this country. Local Trading Standards Officers will now be able to use these guidelines to come down hard on retailers who are breaking the law by selling tobacco products to the under-16s."

Alison Edwards, LACOTS Senior Executive Officer said, The Local Government Association and LACOTS are pleased to be part of the launch of the protocol. It is a demonstration of best practice in enforcement.

"The LGA and LACOTS have worked in partnership with local authorities and the Department of Health to produce this guidance. It is to be hoped that it can be used by local authorities as a means of demonstrating their role in the reduction of under-age tobacco sales," she said.

NOTES TO EDITORS

Please find the full text of the protocol and examples of best practice at the end of these notes.

In 1998 around 11 per cent of 11-15 year olds smoked regularly compared to only eight per cent 10 years before. Girls in particular are still smoking - in 1988 just one in five (22 per cent) of 15 year old girls smoked regularly whereas this had risen to almost one in three (29 per cent) in 1998.

One of the key targets in the White Paper Smoking Kills is to reduce smoking among children from 13 per cent to nine per cent or less by the year 2010, with a fall to at least 11 per cent by 2005. The White Paper was the first comprehensive anti-smoking strategy ever in this country. £50 million has been committed to a major tobacco education campaign over three years, and up to £60 million to fund new smoking cessation services.

Other measures are:

For further information contact Phil Jenkins on 0207 210 5238 or mobile 0788 447 3078, or Phil Cohen on 0207 210 5239 or mobile 07867 538 486 in the DoH Media Centre.

TOBACCO ENFORCEMENT PROTOCOL

AIMS

This Protocol is intended to assist Local Authorities in England, Wales and Northern Ireland when determining the action needed with regard to the enforcement of the Children and Young Persons (Protection from Tobacco)Act 1991. (In Northern Ireland this is the Children and Young Persons (Protection from Tobacco) Order 1991.(Scottish Authorities will be advised by the Scottish Tobacco Enforcement Protocol available from the Scottish Executive.)

It underpins the Principles of Good Enforcement outlined in the joint sponsored Local Authority Associations/ Cabinet Office Enforcement Concordat published in March 1998 which is available from The Better Regulation Unit of the Cabinet Office (1). The Concordat aims to ensure that Enforcement Authorities : publish performance standards, are open and helpful, provide a means to complain and follow up on complaints received, ensure that, whenever possible, the impact of legislation is proportional, act in a consistent manner.

It is hoped that authorities will wish to utilise the examples of enforcement practice detailed in this protocol in connection with under age sales of tobacco to form a part of their overall programme of enforcement in relation to the wider objectives of the joint Local Authority Associations / Cabinet Office Enforcement Concordat. This may be demonstrable by action such as the setting up of complaints procedures, and the use of effective but proportionate enforcement techniques in relation to sales of tobacco to minors.

This Protocol outlines examples of good practice in the area of tobacco enforcement which reinforce the Concordat's aims.

KEY PRINCIPLES OF GOOD ENFORCEMENT

It is recommended that Local Authorities should:

Publish a clear statement on dealing with underage sales of tobacco. This may form part of a statement on age-restricted sales in general.

Assess the current degree of local compliance. This might be via regular visits from enforcement officers or through a specific under age sales programme involving young people as part of a test purchasing programme.. This type of assessment should inform Local Authorities of high risk areas which need to be specifically targeted and enable the identification of enforcement action required by Trading Standards Services.

Publish an annual review of enforcement action. This is required by the Children and Young Persons (Protection from Tobacco Act) 1991 and Home Office Circular 17/1992 gives guidance. Local Authorities should consider whom they need to consult before the review is published.

Encourage Trading Standards Service education of retailers to help ensure compliance in accordance with the business support approach of the LACOTS Home Authority Principle Target enforcement action on those who flagrantly disregard their legal obligations.

Highlight the value of nationally recognised proof of Age schemes enabling retailers to meet their obligations with confidence. Encourage a "No Proof - No Sale" approach.

Use test purchasing where permissible with under-age children to gather information about breaches of the law. This can inform reviews of enforcement action or aid prosecutions.

Publicise enforcement action taken, including prosecutions and fines to act as deterrents. Publicise prosecutionsin the press to maximise effectiveness. Evaluate the impact of these measures and use the information to inform future actions.

Develop and implement local education campaigns to highlight the problem of illegal sales of tobacco products.

Signatories

This protocol has been adopted by:

The Department of Health
Local Authorities Coordinating Body on Food and Trading Standards (LACOTS)
Local Government Association

Further copies may be obtained from the following:

www.doh.gov.uk
www.lacots.com
www.lga.gov.uk

Annex 1
EXAMPLES OF GOOD PRACTICE

Many authorities are demonstrating good practice in the area of enforcing the Children and Young Persons (Protection from Tobacco) Act. The following are examples only and do not represent a comprehensive review of all practice in this area. They are intended to be examples and signatories to this protocol are not required to follow them. They are intended to assist with practical ways in which action may be undertaken with due regard to resource constraints etc.

The involvement of partners

The aim of Buckinghamshire County Council is to involve as many partners as possible in its Under Age Sales Project. Suggested partners included Education Department, Schools, Social Services Department. Communications Unit, Police, Health Authority, District Council, Retailers, Commercial Sponsors, Trade Associations, Voluntary Groups and Fire and Rescue Service.

In addition Buckinghamshire have employed an Under Age Sales Project Manager to deal with tobacco and other age related concerns. It is felt that effectiveness can be vastly improved by having a dedicated resource in this area of enforcement activity.

Comprehensive test purchasing programme

Neath Port Talbot County Borough Council have used the Policy Document produced by the City of Liverpool and the Home Office Guidelines to begin child-assisted test purchasing exercises. Recent technological advances such as covert video/audio recording equipment and digital photography have been used to increase the quality of evidence. All breaches of the law were dealt with via prosecution, cautions or warnings. Publiciseprosecutions and test purchasing exercises

Many Authorities currently use local media to publicise successful prosecutions. This has proven an effective deterrent in Kingston. A test purchase programme using the assistance of a 13 year old girl found that, in 1990, 45% of retailers sold tobacco to children. Following a series of high-profile prosecutions the figure was reduced to 10% in 1995. The publication in the press of test purchasing results may also increase the deterrent effect of enforcement action.

Production of a best practice guide
The Association of London Chief Trading Standards Officers has produced a guide for their local authorities who carry out test purchasing with the assistance of children. This covers sales of videos, fireworks and intoxicants as well as tobacco so can form part of a wider strategy. The guide includes best practice guidance, parental consent forms and a summary of procedures.

Good practice award for retailers

Southampton Health Promotion Services and Hampshire Trading Standards Service have launched a scheme called "Too young to die, too young to buy!" to recognise the effort and good practice of retailers whilst raising public awareness of the issue of under age sales of tobacco. The award includes staff training material for retailers, a refused sales register to show compliance with the regulations and promotional material for display to the public. Within Hampshire there are 43 retailers signed up so far (mainly independent retailers ) and in 2000 the scheme will be expanded to include Havant,Gosport and Rushmoor

Provision of Business Advice Leaflets

Hampshire County Council's fact sheet is used as an example although other authorities produce similar material. The fact sheet contains information about the relevant legislation, summarising the requirements for retailers in terms of selling cigarettes and the warning notices which must be displayed. It also details who to contact for further information.

The Better Regulation Unit, Cabinet Office ,Horse Guards Rd, London SW1P 3AL
Tel 0207 270 6928
Fax 0207 270 6402