Stores flout tobacco law

Published on Friday 25 June 2010 10:28

NEARLY one in four city shops tested in the Capital has been caught selling cigarettes to under-agers, Trading Standards figures have revealed.

Test purchases using 16-year old undercover volunteers were carried out at 238 cigarette retailers over the last year, ranging from corner shops to giant supermarkets. And 56 of the shops – just under a quarter – were willing to sell cigarettes to the volunteers without asking for any proof of age.

Outlets that fell foul of the initial test were revisited at a later date, with three shops selling tobacco to the underage volunteer for a second time.

Charges were brought against four people who faced fines totalling 2,180 from January 2009 to January 2010.

Councillor Paul Edie, the city's health, social care and housing leader, said the figures were "unacceptable" and warned retailers to "up their game".

"I am not happy about this," he said. "We are doing a lot to make sure that people are not selling to minors and we have had a lot of success with alcohol sales. I'm disappointed that with cigarettes some of the traders are falling down on that."

In October 2007 the age at which tobacco can be legally bought increased from 16 to 18.

• Online poll: Could more be done to stop retailers selling cigarettes to minors?

Vote now

Philippa Bonella, director of policy at anti-tobacco pressure group ASH Scotland, said the data was a "typical result" for test purchase campaigns across Scotland. "The majority of retailers are keeping within the law but there is a significant minority who are happy not to check customers' ages," she said.

On a "mystery shopper" exercise with Trading Standards officers and an underage volunteer yesterday, the Evening News was shown how retailers are tested.

"They (shop owners] have no excuse for failing because we visit them before the test purchase takes place offering advice on selling tobacco products," said an undercover officer who declined to be identified.

"All the ones we are visiting today we have been round already and have made no bones about the fact that we will be scrutinising tobacco sales."

He added: "I have seen everything, from malicious sales where shopkeepers have found out that the shopper was under-18 but shrugged their shoulders and sold them cigarettes anyway to those who barely look up from the counter."

All underage volunteers for test purchasing are aged between 16 and 16-and-a-half. In the course of the exercise volunteers must confess their real age if asked and are normally accompanied by a chaperone from Trading Standards.

New powers being introduced next year will see officers able to issue on-the-spot fines to outlets that fail the test under tougher Scottish Government legislation. Cigarettes will no longer be allowed to be on display but must be stored out of sight of customers.

In the first prosecution of its kind in October 2009, supermarket giant Morrisons was the first outlet to be fined 1,000 for selling cigarettes to a 16-year-old in Edinburgh.

DRINK SALE SHOPKEEPER BANNED

A SHOPKEEPER has been banned from selling alcohol for three months after a member of his staff sold drink to an underage girl.

Jahangir Chaudry, of M&D Superstore in Carnethie Street, Rosewell, was convicted at Edinburgh District Court after his son sold alcohol to a test purchaser sent by police.

His licence was suspended by Midlothian Licensing Board in the first move of it kind in the county against a personal licence holder for failing a test purchase.

Mr Chaudry owns the only shop in the village.

Councillor Jack Aitchison, chairman of Midlothian licensing board, said: "The licensing board takes the issue of alcohol sales to underage people very seriously.

"We have a duty under the Licensing Act to take action against offenders."