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. It's 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 25 February 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.
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-16s, the Scottish Government is continuing to support the roll out 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.