1 Introduction

1.1 The document details Cambridgeshire County Council’s enforcement policy relating to the supply of age restricted goods. This policy, and any actions taken under it, is subject to the County Council’s overarching enforcement policy.

1.2 The County Council is committed to protecting the young, and society in general, from the dangers associated with age restricted goods. The health problems associated with goods such as alcohol and tobacco are well documented. Equally well documented is the links between the use of such products and crime and poor behaviour.


1.3 The aim of the work of the County Council is to minimise such harm by using a range of activities to raise compliance levels amongst business supplying age restricted goods. In support of this we will also undertake a range of educational activities targeting potential underage users of these products.

1.4 We can only deliver effective relief from the harm such products cause by working in partnership with other agencies. The agencies will primarily, though not exclusively, be Police, Health Authorities and Educational establishments. It is also key that we establish partnerships and good relationships with businesses.

2 Range of Activities

2.1 Trading Standards has considered a variety of approaches to reduce underage sales of age restricted goods following communication with traders, young people and officers from the Environment and Regulation Department. These approaches include:

(i) Work with business to review and improve systems to prevent
underage sales of age restricted goods.

(ii) Proactive ‘educational’ work with staff in both on-trade and off-
trade premises on their responsibilities, age recognition etc.

(iii) Continuance of the Underage Sales Test Purchase Enforcement Programme, based on intelligence led approach, with consideration given to formal action against all parties, including the ‘physical seller’.

(iv) Linking the need to have in place effective systems and training to the Licensing process.

(v) More widespread use of Proof of Age cards.

(vi) Taking licensing action where traders repeatedly sell to young people and where recklessness or deliberation can be demonstrated.
 
2.2 The above options would appear to compliment the ‘delivery and implementation’ options detailed in the Alcohol Harm Reduction Strategy for England.

2.3 We will adopt a graduated approach to enforcement, where sales take place. We will generally follow this approach. However individual circumstances may dictate that action outside this graduated approach is appropriate. In these circumstances we may take alternate action. A member of the Senior Management Team will review any alternate action within 24 hours.

For licensees and business owners this graduated approach is outlined below. The circumstances that may dictate a different course of action may include where the licensee was the physical seller, they have had extensive training or they showed a flagrant disregard for the law. The graduated approach is:

(i) ‘Warn’ first-time offenders.

(ii) Investigate repeat sales with a view to legal action.

(iii) Where a licensee has been found guilty of a second offence (or a first offence involving a deliberate intention to flout the law, e.g. where the purchaser has given their correct age) we will make formal representation to have their licence revoked. Representation will be made either to the court in which the case is heard or to the relevant licensing authority.

We will use the same graduated approach when considering action against the physical seller. However when considering formal action against the seller outside the scope of the graduated approach it must be borne in mind that they have a higher degree of control over the sale than a non-present business owner. Therefore circumstances that may dictate a different course of action include, but not exclusively:

(i) Whether the seller has been trained by the company or any other agency,

(ii) Has the seller breach company policy or procedures,

(iii) Did the seller ignore an appropriate warning such as a till prompt or signage.

The usual formal action for a seller will be a Fixed Penalty Notice for Disorder, where legislation allows.

3 Use of Children in Test Purchase Exercises

3.1 The County Council has reviewed its use of Children in test purchase exercises.

3.2 The County Council believes that the use of Children in such exercises is a valuable tool in delivering the aims of this policy and we will continue their use.

3.3 In using Children the prime concern is to ensure the health and safety of the child used. In addition we shall ensure that we are fair to the businesses being targeted. To achieve this we will:
(i) Always comply with published codes of practice
(ii) We will never encourage the child to lie. If, during the course of a test purchase operation a child lies we will cease that operation, take no formal action relating to any sales to that child on that night and never use that child again.

(iii) We will not use children to test purchase at on trade premises,

(iv) Should any child have unusually high levels of sales on any particular exercise their use will be reviewed by a Section Head

4. Consultation

4.1 Consultation undertaken has highlighted public concern about underage drinking.

4.2 The Trading Standards Service formally has engaged with over 100 local traders, ranging from small independent off-licences to multi-national supermarket chains. This process affords the advantage of access to all the training, systems, procedures and policies of these local businesses.

4.3 During the course of the policy review, officers have consulted with members, traders and young people to enable their perspectives to be given.

4.4 We will publish our performance against this policy annually.