Selling tobacco and nicotine inhaling products
Guidance on preventing the sale or display of tobacco and nicotine products, such as e-cigarettes, to anyone under the age of 18.
It is against the law to display or sell tobacco products to anyone under the age of 18. This includes products such as cigarette papers.
It is also an offence to sell nicotine inhaling products (including e-cigarettes/vapes or refills) to under 18s.
You must be able to show that you took 鈥渁ll reasonable precautions鈥 and that you 鈥渆xercised all due diligence鈥 to prevent underage tobacco sales. This means that:
- you set up a system of control
- you took due regard to the risks involved
- you regularly check to make sure your system works
- you can prove that you did this
If you sell tobacco products, you must . Failure to register can result in a fine of up to 拢5,000.
Age verification for tobacco or nicotine inhaling products sales
All retailers who sell tobacco or nicotine inhaling products (including e-cigarettes/vapes or refills) must have an age verification system in place to show that they took 'all reasonable precautions鈥 and exercised 'all due diligence' to prevent underage sales. For example, this could include staff training. The type of system you use will depend on the size of your business.
You must take all reasonable steps to make sure a customer is 18 or over. If in doubt, you must ask for identification. If the young person has no identification or you are in doubt about its authenticity you must refuse to serve the young person. Excuses like: 鈥淚 thought he looked 18鈥 or, 鈥淭hey told me they were 18鈥 will not provide you with a defence.
The law forbids all tobacco displays and sales to people under the age of 18. It also prohibits the sale of nicotine inhaling products (including e-cigarettes/vapes or refills) to under 18s. If a young person says, 鈥淭hey鈥檙e for my mum鈥 the sale must be refused, even if you know it is true. Otherwise, you will have committed an offence.
See prevent underage sales for examples of age verification systems.
Penalties
Anyone who displays tobacco products to anyone under 18 can be fined up to 拢5,000 and/or face up to two years imprisonment.
Anyone who sells tobacco products including cigarette papers to anyone under 18 can be fined up to 拢5,000.
Anyone who sells nicotine inhaling products (including e-cigarettes/vapes or refills) to anyone under 18 can be fined up to 拢5,000.
A retailer found to be in breach of relevant legislation three times in a five-year period could face further sanctions in the form of either a restricted sale order or a restricted premises order. Such an order can prohibit the sale of tobacco or cigarette papers by a named individual or business premises for up to three years. A retailer who breaches an order can be fined up to 拢20,000. These sanctions can also be applied to the sale of nicotine inhaling products.
An adult who buys, or attempts to buy, tobacco products or nicotine inhaling products (including e-cigarettes/vapes or refills), on behalf of a minor (known as proxy purchasing) can also be fined up to 拢5,000.
In Northern Ireland, local councils are responsible for enforcing tobacco control laws. The Environmental Health department of your local council can provide further advice and guidance. Find your local council in Northern Ireland.
Warning notices
Any shop that sells tobacco related products must display a warning notice, stating: "It is illegal to sell tobacco products to anyone under the age of 18".
This notice must be displayed at the point of sale where it can be easily seen by customers and staff. Make sure other notices and advertisements do not cover any part of it or make it hard to see the message. Warning notices must be at least A3 in size with lettering not less than 36mm high
Anyone carrying on a business selling tobacco who does not display the notice can be fined up to 拢1,000.
Displaying tobacco products
It is illegal to display tobacco products in all relevant shops and businesses in Northern Ireland, except to people over 18 years of age, and only in limited circumstances. Age checks must be carried out before any tobacco product is shown to a customer.
As a retailer you will be permitted to temporarily display tobacco products in the following circumstances:
- following requests to purchase tobacco products by customers over 18 (known as 鈥淩equested Displays鈥)
- incidental displays while staff are actively checking stock or restocking
- incidental displays while cleaning, maintaining or refurbishing the storage unit
- during staff training
- following a request by an enforcement officer
Certain, limited, exemptions exist for specialist tobacconists.
It is illegal to sell tobacco products directly to the public through a vending machine.