Information for retailers

Guidance on age-restricted tobacco sales and complying with the new law.

Retailers have a vital role in ensuring compliance with the law and protecting future generations from the harms of smoking.

How to prepare for the new law

You should prepare for the changes by reviewing your current processes and ensuring staff understand their responsibilities.

1. Understand the law and upcoming changes
   Ensure licence holders, store managers and staff are aware of how the smokefree generation policy will work and how it differs from the current age-of-sale requirements.
2. Review age-verification processes
   Check that robust age-verification procedures are in place. Liverpool City Council Licensing and Trading Standards teams recommend a Challenge 25 policy, where anyone who appears under the age of 25 is asked to provide valid identification before purchasing age-restricted products.
3. Update staff training
   All staff involved in selling tobacco, nicotine and other age-restricted products should receive regular training.
   Staff should understand:
   • which products are age restricted
   • how the smokefree generation legislation works
   • how to request proof of age confidently and consistently
   • what to do if a customer refuses to provide ID
   • how to refuse a sale appropriately

   Keeping records of staff training can help demonstrate due diligence and support compliance.

4. Ensure staff know how to check identification
   Staff should be confident in checking dates of birth and identifying acceptable forms of identification. Clear procedures should be in place for dealing with attempted underage sales.
5. Stay up to date with guidance
   Further guidance will be issued before the smokefree generation measures begin. Retailers should keep informed through Liverpool City Council Licensing and Trading Standards communications, trade associations and government guidance.

Accepted forms of ID

When operating a Challenge 25 policy, you should only accept recognised forms of identification including:

• a valid passport
• a valid photocard driving licence
• a PASS-accredited proof-of-age card displaying the PASS hologram

If there is any doubt about a customer's age or identification the sale should be refused.

Preventing proxy sales

As a retailer, you should remain vigilant about proxy purchasing. This is when an adult attempts to buy tobacco products on behalf of someone who is underage or otherwise unable to legally purchase them.

Signs of proxy purchasing may include:

• young people waiting outside a shop before an adult enters
• customers appearing to take instructions from younger people
• purchases that seem inconsistent with normal purchasing behaviour

If staff suspect a proxy sale, they should refuse the transaction.

Penalties for non-compliance

Businesses that fail to comply with age-of-sale legislation may face enforcement action. Retailers are responsible for ensuring staff understand and follow the law at all times.

How to demonstrate compliance

You can show that reasonable steps have been taken to comply with the law by:

• maintaining good training records
• operating Challenge 25
• displaying age-restriction signage
• routinely checking identification

Support and further information

Liverpool City Council's Licensing and Trading Standards teams will continue to share guidance and information as the legislation is introduced.

To keep informed you can:

• regularly review government guidance
• ensure staff receive updated training
• contact Liverpool City Council Licensing or Trading Standards if you have questions