Cigarettes and other tobacco products

What does the law say about the sale of tobacco products to children?

1. It is an offence for you or a person you employ to sell tobacco or tobacco products to anyone under the age of 18. This includes cigarettes, cigarette papers, products intended to be smoked as a substitute for tobacco and any other product containing tobacco.  *Note that it is the actual age of the purchaser that is important, not how old they might appear.

2. If you are the owner of a cigarette vending machine, or if one is installed on your premises, you must ensure that it is not used by anyone under the age of 18.

3. Cigarettes must be sold in their original packaging. Selling single cigarettes is an offence.

4. Certain statutory warning notices must be displayed (see below).

What notices must be displayed?

At each retail premises selling tobacco etc, a notice (copy included in this pack) must be prominently displayed at the point of sale stating:

(Notice to be at least 297mm x 420mm with lettering at least 36mm high)

All tobacco vending machines must display a notice stating:
 
(Notice to be at least 60mm x 100mm with lettering at least 6mm high)

Your tobacco wholesaler or vending machine provider should be able to provide you with a copy of this notice, alternatively you can obtain one on request from the Trading Standards Service.

How can I ensure that no illegal sales are made from a tobacco vending machine?

The location of tobacco vending machines needs careful consideration. You should ensure that any vending machine on your premises is in such a position that staff are easily able to monitor its use. Having a vending machine in the front porch, corridor or awkward corner of a pub will make it impossible to monitor, and could easily result in offences being committed.

What are the penalties for breaking the law?

A person found guilty of selling cigarettes or other tobacco products to children faces a fine of up to £2,500. A court can also order removal of a tobacco vending machine. Failure to display the relevant statutory notice can lead to a fine of up to £1000, and the maximum penalty for selling single cigarettes is also £1000.

What should I do now?

You should set up a system to ensure that you have done all that is reasonable to prevent you or a member of your staff selling cigarettes and similar products to a child. You should now read the Preventing underage sales section of this pack for practical guidance on how best to do this.

If you are unsure how old a person is, ask for proof of age. If any doubt remains, always refuse the sale.