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    ‘Damned if we do, damned if we don’t’- Union calls on law rebalance over age-restricted sales

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    Many shop workers fear disciplinary action from their employer if they get a decision about the sale of an age restricted product wrong but they also worry that asking customers for proof of age identification or refusing a sale of an age-restricted product can trigger abuse, threats and violence, says a leading trade union.

    Usdaw on Tuesday (18) said responsible retailers now operate a ‘Think 25’ policy on age-restricted sales, so shop workers are instructed to ask for proof of age identification from any customer the shop worker “thinks” might be under 25. ‘Think 25’ is a legal requirement in Scotland.

    The union is campaigning to raise awareness of the ‘Think 25’ policy and why it exists, to help reduce the impact on the shop workers.

    Usdaw has also called on the government to run awareness campaigns about age-restricted sales and introduce a single and voluntary national entitlement card for young people that would show proof of age, something which would “make it much easier for workers to check a person’s age when needed”.

    Paddy Lillis – Usdaw General Secretary says, “Age restricted sales are a real minefield for our members. If they make a mistake and sell alcohol to a customer under 18 they could receive an £80 on-the-spot-fine or be prosecuted and fined. If they fail to ask for age identification from somebody who looks under-25, they run the risk of being disciplined for not following company policy and it is a legal requirement in Scotland. 

    “Asking for age identification can lead to abuse from frustrated and angry customers and a refusal of a sale can be a real flashpoint for abuse, threats or even violence. Many of our members feel they are damned if they ask for ID and damned if they don’t.

    “We’d also like to see a change in the law to make it an offence for an underage person to attempt to buy any age-restricted product, not just alcohol, or for an adult to proxy purchase any age-restricted product. The law definitely needs to be rebalanced so that those attempting to break the law are the focus rather than the shop workers who are currently expected to police the law.”

    Usdaw reminds shop workers that they need to know the age-restrictions apply to a wide range of products and are even required to make judgements about the purpose or for whom some products are being purchased. The table below shows the minimum purchase age and maximum penalty for a range of popular age-restricted products: 

    Product Minimum Age of Purchase Maximum Penalty
    Alcohol 18 Unlimited fine  and forfeit of licence
    Cigarettes, tobacco and e-cigarettes 18 £2,500
    Fireworks 18 Unlimited fine and up to 6 months imprisonment
    Solvents (if not for intended use)* 18 Unlimited fine and up to 6 months imprisonment
    Butane gas lighter refills 18 Unlimited fine and up to 6 months imprisonment
    Knives, blades and similar items 18 Unlimited fine and up to 6 months imprisonment
    Air guns and pellets 17 Unlimited fine and up to 6 months imprisonment
    Lottery tickets and scratch cards 18 Unlimited fine and up to 6 months imprisonment
    Petrol 16 Unlimited fine and up to 6 months imprisonment
    Party poppers and caps 16 Unlimited fine and up to 6 months imprisonment
    Aerosol paints 16 £2,500
    Corrosive substances 18 Unlimited fine and 51 weeks imprisonment
    Videos, cinema and computer games 12, 15 and 18 Unlimited fine and up to 6 months imprisonment

     

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