Responsible Retailing
Responsible Retailing is one of the most important factors in convenience retailing. This section includes everything you need to know about retailing responsibly and covers must know subjects including licensing, under-age purchases, legislation and policy.
Click below to read the advice guides:
Preventing under-age purchases
It is a disturbing fact that more young people are consuming alcohol. As a retailer you have a responsibility to prevent young people from obtaining alcohol by purchasing it in your store.
It is difficult to tell how old someone is, but add any number of the following factors and the job becomes even more difficult:
- Adult dress
- Deception Tactics
- Busy store
- Intimidating attitudes
- Large Groups
- Threatening Behaviour
These are all factors that you and your staff will be subjected to as a retailer of alcohol.
However you can protect your staff and yourself and uphold the law by following simple and steadfast policies on this issue.
The No ID No Sale Policy
- Be Cautious – it is very hard to tell a young persons age, so ensure that staff are checking even those that look older than 18. Adopt the Challenge 25 policy - if they look under 25 ask for proof.
- Be Consistent – always check even if you think you’ve served the customer before or you are pretty certain they are the right age.
- Be Clear – use signage to inform customers that they will be checked
- Be Courteous – if you have to refuse a sale, have to hand application forms to offer the customer so they can obtain a proof of age card.
- Be Conscientious – ensure that you and your staff record all refusals including date, time, appearance of the customer, items refused and staff name for every refusal (an example refusals log can be found in the ACS Licensing Guide Toolkit)
- Be Careful – there is evidence that retail staff can often fail to challenge underage purchasers if they feel afraid of the consequences. Make sure you and your staff feel safe when serving and have the confidence to challenge the customer
Mandatory Code of Practice - Conditions Relating to Underage Sales
The Policing and Crime Act 2009 introduced five mandatory conditions, one of which relates to the on-trade. 'Ensuring all those who sell alcohol have an age verification policy in place requiring them to check the ID of young people at risk of harm.'
This condition comes into force on 1 October 2010 and means that retailers will have to ensure that they have an age verification policy in place.
Guidance on this new measure can be found at the Home Office website:
http://www.homeoffice.gov.uk/publications/alcohol/new-conditions-alcohol/
A draft Age Verification policy is also available at this link.
Age restricted products
| Product | Age Restriction | Penalty |
| Tobacco products | 18 and over | £2,500 |
| Offensive weapons/knives | 16 and over | £5,000 & up to 6 months imprisonment |
| Fireworks | 18 and over | £5,000 & up to 6 months imprisonment |
|
Videos & video games: Classification 12 15 18 |
12 and over 15 and over 18 and over |
£5,000 & up to 6 months imprisonment |
| Volatile substances/solvents | 18 and over | £5,000 & up to 6 months imprisonment |
| Lighter refills containing Butane | 18 and over | £5,000 & up to 6 months imprisonment |
| Lottery tickets / Instant Win Card | 16 and over | £5,000 & up to 2 years imprisonment |
| Alcohol | 18 and over | £1,000 & forfeit of licence |
Only accept credible proof of age – these include:
- A photo driving licence
- A Passport
and the following proof of age schemes:
- Citizencard
- Young Scot
Tobacco
Display Ban
Government have announced that they will be pressing ahead with a ban on tobacco displays in England. In light of ACS’ lobbying work the implementation dates have been changed to:
6th April 2012 for large stores (larger than 280sqm) and
6th April 2015 for stores smaller than 280sqm
This means that large stores have an extra six months to achieve compliance and small stores have a further two years.
The regulations will also be amended to give greater flexibility for restocking and the requested display area during a transaction has been increased to 1.5m2 – this means that a standard 2m by 1.5m unit could be covered with a sliding cupboard door solution (i.e. exposing half the unit when making a sale).
Click here for full announcement:
These changes will not apply in Wales, Northern Ireland and Scotland.
Product Location Labels - Price List Regulations
• Price Lists
• Pictorial Price Lists
Product location labels are labels that can be displayed on the gantry to help staff find product. They can include the following information:
• the brand name of the product,
• where pre-packed, the number of units in the packages or, where sold by weight, the net weight of the product,
• in relation only to cigars, the country of origin and dimensions,
• in relation only to pipe tobaccos, the cut and type of tobacco used, and
• the price of the product
The label must conform with the following prescriptions:
• is printed in black Helvetica plain type on a white background,
• in a font size consistent throughout the text with characters which are no higher than 4 millimetres (14pt), and in lower case type, except that the first letter of a word may be in upper case type;
• does not exceed 9 square centimetres in size;
• is limited in number to one indication for each separate location in a storage unit where a particular tobacco product is held; and
• does not contain any other feature, such as logo, trademark, artwork or imagery. It can include a bar code or stock number.”
The requirements for price lists are:
• has the title “Tobacco products price list”, and
• may include sub-headings for “cigarettes”, “hand rolling tobacco”, “cigars”, “pipe tobaccos”, and “other tobacco products”,
• does not include the prices of any other products,
• is worded with characters which are no higher than 7 millimetres,
• has no border or frame,
• does not exceed 1250 square centimetres in size; and
• is limited in number in accordance with paragraph
The price list shall be limited in number to one price list for each separate area where tobacco products are both located and can be paid for.
There are also provisions to allow one pictorial price list per till, to help those for whom English may not be a first language. This price list must be stored out of sight, and can only be displayed at the request of an over 18.
• the display must last for no longer than is needed for the individual to obtain the information sought by that individual;
• that the size of the wording on the price list shall be such that no character is greater than 4 millimetres high;
• that the only other feature displayed is a picture of the actual tobacco product, as packaged for sale, where the size of such picture does not exceed 50 square centimetres
Enforcement
The maximum penalties for a person found guilty of an offence under these regulation is on summary conviction, a maximum imprisonment period of six months and/or a fine not exceeding the statutory maximum (currently £5,000). On indictment, a maximum imprisonment period of two years and/or a fine.
The regulations for Wales, Northern Ireland and Scotland have yet to be confirmed. The Scottish Government has announced that they will implement the display ban 1 April 2012 for large stores, 1 April 2015 for small stores
POS Regulations
As with alcohol, it is a legal requirement that a statutory sign is displayed stating the law in regard to selling tobacco. As of 1 October 2007 the sign changed to reflect that the legal purchasing age was increased to 18.
It is important for retailers to display the correct signage, which will be the same format as existing warning signs, except they now must state: 'It is illegal to sell tobacco products to anyone under the age of 18'.
The signs must be at least A3 in size with lettering not less than 36mm high and displayed in a prominent position clearly visible to customers and staff at the point of sale.
It is an offence for retailers not to display the correct signage.
Smoking Ban
From 1st July 2007 it became mandatory for all shops to display a 'no smoking' sign. The requirements for the signage are:
- Be at least 160mm by 230mm in size, flat and rectangular.
- Display the international non-smoking sign must be 85mm in diameter.
- Contain the wording “It is against the law to smoke in these premises”.
Those found smoking can face on-the-spot fines of £50, while those in charge of premises could also be fined up to £2,500 for not enforcing the ban.
Download the english and welsh bi-lingual posters here Smoke Free Sign bi-lingual smoke free sign
New penalties for duty fraud
New penalties for illegally selling cigarettes, alcohol and fuel come into effect from 1 April. The new ‘wrongdoing penalties’ will apply where someone:
- Handles goods on which excise duty has neither been paid nor deferred
- Uses a product in a way that means more excise duty should have been paid
- Supplies a product at a lower rate of excise duty knowing that it will be used in a way that means a higher rate of duty should be paid.
If someone is caught, the new penalty will be a percentage of the potential lost revenue to the Exchequer.
Penalties will range from 10 per cent of the possible lost revenue to 100 per cent. In addition, anyone running a business selling goods that have excise duty on them can be penalised if an employee or advisor commits a "wrongdoing". The penalty can be avoided if the business can show that it has taken reasonable care to avoid this by, for example, setting up systems and procedures to prevent the wrongdoing.
For a fact sheet on the new penalties please go to:
http://www.hmrc.gov.uk/about/new-penalties/wrongdoing-penalty.pdf
Legislation
On 1st October 2007 the law regarding the selling of tobacco products underwent significant change.
It is now illegal to sell tobacco to anyone under the age of 18. Although this brings tobacco in line with alcohol, there remain some significant differences between the law on selling alcohol and the law on selling tobacco, which we have explained below:
Proxy Purchasing
It is not an offence for an adult customer to buy tobacco on behalf of a young person.
Attempts to Buy Tobacco
Unlike with alcohol, the underage person making the purchase is not committing an offence. Neither is it illegal for young people to smoke.
Selling Tobacco
It is not a legal requirement for the person who is selling tobacco to be over 18, nor is it required to supervise the sale of tobacco by those under 18. However, ACS strongly recommend that retailers adopt the same policy as for alcohol sales and supervise in such instances. We advise this course of action because of due diligence, if an underage sale does take place.
Food Policy
Retail businesses that sell any food must comply with food law. The Food Standards Agency developed a guide for retailer called ‘safer food, better business’ to help small retail businesses that sell food, including any food that needs to be kept cold to keep it safe, e.g. milk. These include convenience stores, confectioners, tobacconists and newsagents.
Regulations introduced in January 2006 state that you must be able to show what you do to sell food that is safe to eat and have this written down. This Safer Food, Better Business pack is based on the principles of HACCP (hazard analysis critical control point).
To download your copy of the Safer Food, Better Business guide visit the FSA website.
To download the FSA's Fitness to Work - Regulatory Guidance and Best Practice Advice, click here:
Energy Drinks
The British Soft Drinks Association has publishing its code of practice on the responsible marketing of high caffeine content drinks. The code applied specifically to BSDA manufacturers who have agreed to label their products with a consumer warning about consumption and the commitment to advertise the product responsibly. The consumer information label will state that this product is not suitable for children, pregnant women and persons sensitive to caffeine.
The Code is accompanied by a consumer and retail question and answer. All this can be viewed on the BSDA website at http://www.britishsoftdrinks.com/default.aspx?page=863 .
The code only applies to high energy content drinks, most of the major manufacturers selling ‘energy shot’ products classify these as ‘food supplements’ and they are therefore not covered by the code. You will notice however that usually these products also carry consumer information labels.
If you would like further advice or information please contact Jenny Brown on either 01252 515001 or jenny.brown@acs.org.uk
Below is the BSDA Question and Answers for consumers and retailers on energy drinks:
Information for consumers and retailers about energy drinks
What are energy drinks?
Energy drinks are non-alcoholic drinks containing ingredients such as glucose, caffeine or taurine, that provide functional benefits by boosting energy and alertness. The code of practice for high caffeine content soft drinks relates to soft drinks that contain more than 150 mg of caffeine per litre. Such drinks contain about as much caffeine as a cup of coffee.
What is the code of practice?
This code supports consumers and parents who want to make informed choices. It states the industry’s view that high caffeine content soft drinks are not suitable for children, and specifies that this information should be clearly stated on the label of such drinks. It also ensures that high caffeine soft drinks will not be promoted or marketed to those under 16.
Why have you adopted this code?
The code is to support those wanting to make an informed choice about the type of drinks they consume. Consumers and media have highlighted concerns about these types of products and the code has been compiled to help address those concerns and explain the position taken by the industry on how such products can be enjoyed. This code support consumers and parents who want to make informed choices.
Are energy drinks safe for children?
Latest reviews of the scientific evidence suggest that children can be more susceptible to the stimulant effects of caffeine than adults because of their lower body mass and because, unlike many adults, they are not used to it on a regular basis. On a precautionary basis, therefore, the soft drinks industry suggests that high caffeine content soft drinks should not be consumed by children. However, this does not mean that the drinks are unsafe, and we firmly believe parents should decide what is right for their families.
What if my child drinks an energy drink?
Your child’s reaction will depend on his/her sensitivity to caffeine. If there are any effects, they will be transient and soon pass. If you are concerned, you should consult your doctor.
Are energy drinks allowed in schools?
The regulations regarding food and drink in schools already prohibit high caffeine content soft drinks from being sold in schools. Some schools have gone further and banned their students from bringing high caffeine content soft drinks into school from outside. Schools and parents have an important role to play in educating children about the food and drink they should be consuming - we clearly label high caffeine soft drinks as not suitable for children so that people can make an informed choice.
About the code of practice: information for retailers
To whom does the code apply?
The code applies to manufacturers and importers of soft drinks that are members of BSDA. It contains provisions on how they should label and market their soft drinks that are high in caffeine.
To what drinks does the code apply?
The code of practice applies to soft drinks that are high in caffeine (above 150 mg per litre). It does not apply to energy shots that are sold as food supplements, nor does it apply to soft drinks that are not high in caffeine.
What are the rules about promotion and merchandising in-store?
Decisions about promotion and merchandising in-store are taken by retailers, not by manufacturers. However, where manufacturers offer guidance and suggestions on promotion and merchandising, they will take into account the provisions in the code about marketing to ensure that any such promotion and merchandising does not target persons under the age of 16.
ACS run Responsible Retailing Forums that are free to attend for ACS members. These forums feature speakers from industry and Government and provide up to date information and the chance to network with other retailers. Click here for the date of the next forum.