the law on selling tobacco

This guidance is based on the most commonly-asked questions we receive from retailers. For further guidance please consult the Department for Health website and the official Trading Standards guidance.

Since 1st October 2007 it is illegal to sell tobacco products to anyone under 18 years of age – this includes cigarettes, cigars, roll-your-own and pipe tobacco as well as cigarette rolling papers. Selling any of these products to someone under 18 years of age could result in a fine of £2,500.

Please note - new sanctions as of 1st April 2009

Any store caught selling tobacco to young people under 18 three times within a two year period, one of which results in a criminal conviction, will face a restricted premises order (RPO) or a restricted sales order (RSO). An RPO penalises the store for up to one year, while an RSO penalises the person who made the sale - prohibiting them from selling tobacco in any premises for up to one year. Breaching the terms of either order could result in a fine of £20,000. Written warnings of cautions will be counted as two of a store's three "strikes".

All retailers of tobacco products are required to display a statutory notice visible at the point of sale. You can download the latest statutory notice here. Failure to display the correct notice can attract a fine of £1,000.

It is legal for a person under 18 years of age to sell tobacco, but we advise that under-18s are supervised as refusing sales can be difficult

It is illegal to sell loose cigarettes, they must be sold in their original packaging of 10, 20 or 25 with the required health warnings. The maximum fine for selling loose cigarettes is £1,000.

Cigarettes and tobacco products sold in the UK must carry the fiscal mark to show the correct tax has been paid. Retailers caught selling cigarettes without the fiscal mark could be fined up to £5,000

It is legal for an adult to buy tobacco on behalf of a minor – see our campaign against proxy purchasing.

It is legal for someone under 18 to attempt to buy tobacco

Responsibility for upholding the minimum age laws rests entirely with retailers and their shop staff. It is vital that the law is upheld and that tobacco is not sold to anyone under the age of 18.

Always ask for proof-of-age from any customer who might be under 18. When in doubt, remember the ‘No ID No Sale’ message.

Acceptable forms of ID include:
Passport
Photo driver’s licence
CitizenCard
‘Prove It’ Portman card
Young Scot (in Scotland)
Validate card

You can get information about acceptable forms of proof-of-age here.

Fake ID: A good way to spot fake ID is to run your finger over the laminate surface. On genuine ID the surface should be smooth. On many fake IDs there are ridges along the card’s surface. Look for the PASS hologram - this is a scheme backed by the Home Office and if the card carries this hologram you can be sure its authentic.

Tips for refusing sales

Don’t embarrass the young person – be tactful when asking for proof of age and apologetic if you have to refuse a sale

Make sure the customer knows it’s not personal - explain that you are only doing your job and following the law. Be polite at all times, even if the customer gets annoyed

Remain professional - keep the counter between you and the customer, do not raise your voice and avoid prolonged eye contact

If you or a staff member are threatened or physically assaulted, do not retaliate but call the police as soon as it is safe to do so

Keep a refusals register – these are supplied in the ‘No ID No Sale’ packs. Keeping a note of occasions when you or any member of your staff have refused a sale to young customers will help you demonstrate to Trading Standards that you routinely ask for proof of age from younger customers

Trading Standards enforcement

Trading Standards conduct test purchasing operations and the penalties for failing are severe. Although many Trading Standards departments conduct fair enforcement activity, many encourage their officers to conduct ‘sting’ operations to try to catch out retailers and shop workers making under-age sales. Also, your local Trading Standards department may not even inform you when you have successfully passed a test purchase.

A test purchaser cannot lie about their age, so when in doubt, ask their age and always ask customers to prove it. When customers are in a group, the person buying tobacco is the person who hands over the money. Trading Standards sometimes use minors shopping with adults in sting operations and retailers have failed test purchases because the minor handed over the money, despite the accompanying adult being over 18.