There are a number of measures that businesses supplying regulated products should take in order to have a defence of due diligence.

Model due diligence defence

Implement a company policy

A company policy to detail products, who to and in what circumstances age restricted products will be sold. e.g. the production of specified identification/proof of age.

This should include the procedures to be followed when selling age restricted products e.g. reference to other/senior staff.

Staff training

Training should cover the following points:

• Knowledge of the Law
• Awareness of company policies and procedures
• Guidance on how to assess age
• Customer handling training to enable staff effectively but tactfully to refuse sales

Training should be included for new staff and periodic refresher training provided for existing personnel. It must also take account of changes in legislation and new developments e.g. the introduction of a local proof of age scheme.

Statutory/voluntary notices

Statutory notices must always be clearly displayed.  Additional notices may also be displayed to deter potential underage purchasers and act as a reminder to staff.

Refusals log

This enables a trader to demonstrate to an enforcement body that refusals do occur.  It also enables management to ensure staff are refusing to serve under age customers.

Overstickering

A label is placed over the product bar code to identify it as an age restricted product.  This acts as a reminder to staff and is particularly useful for solvents, which may not be readily identified as such.

Till prompt

Similar to overstickering, but using sales till software to indicate an age restricted product. More advanced systems may provide instructions to the operator e.g. 'ask for identification'. More advanced prompts require intervention by the member of staff in response such as the input of the purchaser's age, date of birth or a 'yes' to a question, before the transaction can be processed.

Staff audits

Staff should be audited to ensure continual compliance with procedures.  This may include observation of staff or by asking relevant questions to ensure understanding.  Larger companies may also adopt the line taken by some organisations in the U.S.A. by conducting their own test purchase exercises.

In accordance with the principles of a good due diligence system, policies, procedures and staff training need to be recorded in writing.

Support schemes

There are also various support schemes to assist traders in refusing underage persons

Further information

You can order a retailer pack from publications below

If you would like further information or advice please contact Trading Standards