In the guideKeeping in ~ the lawAge confirmation checksOperate a difficulty 21 or challenge 25 systemStaff trainingMaintain a refusals logStore and also product layoutTill promptsSignageClosed circuit tv (CCTV)
This guidance is for England and Wales
It is a criminal offence to offer an aerosol repaint container to anyone under the age of 16.
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There are measures you shouldput in location to stop selling come under-16s. These incorporate carrying out age-verification checks and regular staff training.
Anti-social behaviour and aerosol spray paint
The Anti-social Behaviour plot 2003 addresses the trouble of spray-painted graffiti, recognising the graffiti can add to the are afraid of crime. Research has presented that graffiti, litter and also general destruction of a neighbourhood disproportionately impact people"s feeling of safety and also security. Regional authorities spend considerable sums that money each year removing graffiti, through varying degrees of success.Back come top
The Anti-social Behaviour plot 2003 faces the revenue of aerosol paint to children:a human being commits one offence if they sell an aerosol paint container to a human being under 16the owner the the business, and the human who make the sale, might be responsible if a sale of one aerosol paint container is made to a human under16an aerosol repaint container is a an equipment that contains paint save on computer under pressure and also is design to allow the release of the repaint as a sprayBack to top
If you are charged v an offence of selling an aerosol repaint container to a human under 16, you have the defence that you took every reasonable procedures to recognize the purchaser"s age and also that you reasonably thought that the purchaser was not under 16.
If you, together the owner of the business, room charged through an offence due to the fact that someone functioning in her premises sold an aerosol repaint container come a human being under 16, you have actually the defence that you took every reasonable procedures to avoid committing the offence.Back come top
Keeping in ~ the law
In stimulate to keep within the law and therefore satisfythe legal defences, you should introduce an er verification policy and also have effective systems to protect against sales come under-16s. This systems must be consistently monitored and also updated as necessary to identify and put right any type of problems or weaknesses, or to keep pace with any breakthroughs in technology.
Key finest practice features of an efficient system incorporate the following.
Age verification checks
Always ask young people to create proof of your age. The chartered Trading requirements Institute, the home Office and the nationwide Police Chiefs" Council support the UK"s nationwide Proof of period Standards system (PASS), which has a number of card issuers. You have the right to be confident the a card issued under the scheme and bearing the pass hologram is an agree proof that age.
A photograph driving licenceor passport arealso acceptable but make sure that the card matches the person using it and the day of birth mirrors they space at the very least 16. Military identification cards deserve to be offered as evidence of age but, as with other develops of identification, make certain the photo matches the human being presenting the card and also check the day of birth.
You do not need to accept every one of the over forms that identification and it might be ideal to exclude any type of record that her staff are not familiar with.
Some young people may present false to know cards so it is recipient to additionally check the look and feel the a card. Because that example, the pass hologram need to be an integral component of a pass card and not one add-on.
If the human cannot prove the they room at the very least the minimum legal period - or if you room in any doubt - the sale must be refused.
Please view the home Office False id Guidance for more information.
Operate a an obstacle 21 or an obstacle 25 system
This method that if the person shows up to it is in under 21 or 25, they will be asked come verify that they are 16 or over by reflecting valid proof of age.
Make certain your staff are correctly trained. Castle should recognize which products are period restricted, what the age restriction is and the activity they have to take if they think a human being under 16 is attempting to buy. It is important that you deserve to prove your employee have interpreted what is compelled of them under the legislation. This can be excellent by keeping a document of the training and also asking members of employee to authorize to say that they have understood it. These records need to then be checked and also signed top top a consistent basis by monitoring or the owner.
Maintain a refusals log
All refusals must be taped (date, time, incident, description of potential buyer). Maintaining a refusals log in will help to show that you actively refuse sales and have an reliable system in place. Logs have to be checked by the manager / owner to ensure that all members that staff room using them.
A specimen refusals log in is attached.
Some tills have a refusals system constructed in. If making use of a till-based system, you must ensure the refusals deserve to be retrieved at a later on date. Girlfriend should likewise be aware that part refusals space made before a product is scanned.
Store and product layout
Identify the age-restricted products in her store and also consider moving them nearer to the counter, or also behind it. Consider displaying dummy package so that civilization have come ask for the products if they desire to purchase them.
If you own an EPoS device then it may be feasible to use it come remind staff of age restrictions via a prompt. Alternatively, stickers have the right to be provided over particular product barcodes.
Display posters showing period limits and also a statement regarding the refusal of together sales. This may deter potential purchasers and also act as a reminder to staff.
Closed circuit television (CCTV)
A CCTV system might act as a deterrent and reduce the number of incidents the underage sales. It will certainly also assist you to screen "blind spots" within your store if that is not possible to readjust the layout or relocate the assets behind, or closer to, the counter.
If you sell by distance means, such as virtual or via a catalogue, girlfriend should collection up an reliable system capable of verifying the age of potential purchasers. Please see"Online sales that age-restricted products" for more information.
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For more information on the work-related of commerce standards solutions - and the possible consequences of no abiding by the legislation - please view "Trading standards: powers, enforcement and penalties".