New Age Restricted Code of Practice

The Department for Business Innovation and Skills (BIS) has published a new Age Restricted Products Code of Practice designed to strengthen the protection of young people and reduce red tape for responsible businesses that sell age restricted products.

One of the key aims of the Code is the ending of inconsistent regulation of sales of products, including alcohol, as well as building closer partnerships with retailers and the Police.

Practices such as routine test purchasing, not informing retailers if they have passed or failed a test purchase and targeting businesses without evidence that they are selling products to under-age customers “will be consigned to history”. 

In 2010, the Local Authorities Coordinators of Regulatory Services (LACoRS) published updated guidance for practitioners working with children and young people in test purchasing operations regarding age restricted products. Much of the content of that guidance has been brought forward to this Code.

Points of interest include that “the test purchaser may be allowed or instructed to dress as a young person normally would for visiting the particular type of establishment where the test purchase(s) are to be attempted, and to wear such jewellery and make-up as he or she would normally wear for visiting that type of establishment.”

Further, it is highlighted in the Code that “Where an enforcing authority conducts a test purchase attempt in relation to compliance with age restricted products and services legislation, whether or not in response to a complaint or other intelligence, the business should be notified in writing of the outcome of the test purchase attempt.”  If a premises passes, they should therefore be notified. It is also stated that written notifications of test purchases should include the following:

• The fact that a test took place and an indication of the time period within which the test took place. (This does not require disclosure of the exact time or date though the enforcing authority may feel that it is helpful to provide this detail where they do not have specific concerns about the welfare of the test purchaser).
• Any reason for the test e.g. as part of a survey, or in response to complaints about sales of age restricted products by businesses in the area or the particular business.
• The premises address.
• The category of product and relevant legislation.
• The outcome of the test.
• Where relevant, a note that there was a failure to request valid proof of age.
• The name of the seller, where known.

It is also deemed that written notifications should be sent to the following person(s):

• To the owner of the business, whether identified from the Companies Act 2006 notice displayed on the premises, or otherwise.
• In the case of alcohol, to the Premises Licence Holder, with a copy also being sent to the legal owner of the alcohol, if a different person.

The full Code can be found here: 'Code of Practice: Age Restricted Products'.