Test Purchasing uncovered

1
Test Purchasing - uncovered

• Jane Bray
• Lead Officer - Age Restricted Sales
• Trading Standards Institute

2
Content of Presentation

• The test purchase operation
• Code of best practice
• LACOTS/Dept of Health survey
• The reality
• Test purchasing alcohol
• The difficulties for the licensee
• Possible solutions

3
What Does an Operation Entail ?

• Often seen as a last resort by an authority
• Considerable planning and resource implications
• Training for staff and for the young person
  selected
• Consideration of code of best practice issued by
  TSI/LACOTS and endorsed by the DCMS

4
Code of Best Practice

• Revised code issued in February 2002
• Updates the guidance previously issued in by the
  Home Office in circular 17/1992
• Takes account of the HRA, RIPA,RIP(S)A and advice
  from the crown office in Scotland
• Designed to cover the range of test purchasing
  across all age restricted products

5
The Detail

• The test purchaser
• Age limits for the product under test
• Appearance of the young person - dress, makeup
  etc
• Training of the young person- what to say etc
• Welfare of the young person
• Evidence to gather prior to , during and after
  the operation

6
LACOTS/Dept. of Health Survey

• Survey to assess level of enforcement activity
  in relation to tobacco control
• Gives a good indicator of the levels of test
  purchasing activity across England , Scotland and
  Wales
• There were 134 responses received from a possible
  184 local authorities

7
The reality - tobacco enforcement

• Test purchasing is undertaken by around 40 of
  local authorities (of 134 LAs )
• The average number of premises visited in a year
  is 39 ( range 1- 201 )
• Of those authorities that test purchase, 19 take
  no further action in relation to sales
• In Scotland -the crown office have previously
  resisted this mode of operation

8
The Reality Cont..

• In England and Wales, only 36 LAs have taken
  legal action - there have been 99 prosecutions
  taken last year as a result of test purchasing
  operations
• 749 warnings issued by 48 authorities
• 22 authorities undertake no activity at all
  citing as reasons
• Lack of resources
• There is no problem with under age sales

9
Test Purchasing and Alcohol

• New activity for local authorities
• Pressure to undertake operations from different
  quarters
• Community safety
• Crime and disorder
• Health of young people
• Joint protocols being developed with local police
  forces to tackle the under age issue and the
  sales of alcohol

10
Difficulties for the Licensee

• Threatening and abusive behaviour when sales are
  refused
• What to ask for as proof of age - there are many
  different options available
• Training implications for staff , many of whom
  may be part time
• Young people often look older than they are

11
Recent Results of Operations

• Since December 2001 , a number of LAs have
  undertaken test purchasing operations in relation
  to alcohol
• 25 sales have been made out of 73 attempts to
  purchase
• The age range of the young person used was from
  12 - 16 years
• No questions were asked of the young person in
  any of these sales

12
Possible Solutions

• Training of all staff to include asking for proof
  of age every time a young person seeks to
  purchase alcohol
• Progress of the PASS proposal by BRC and central
  government
• Support for existing schemes in operation - they
  may not be ideal but are better than no scheme at
  all!