AGE RESTRICTED SALES What More Can I Do

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AGE RESTRICTED SALESWhat More Can I Do?

• Guidance on a Due Diligence Strategy
• Phil Dalton, Trading Standards Manager, Asda
  Stores Limited

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DUE DILIGENCE

• Due diligence is in law the converse of
  negligence and negligence connotes a
  reprehensible state of mind, a lack of care for
  the consequences of his physical acts on the part
  of the person doing them. To establish a defence
  under . a principal need only show he personally
  acted without negligence.
• Lord Diplock - Tesco v Nattrass (1972)

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ELEMENTS OF DILIGENCE
How do we prove we are not negligent?

• TRAINING
• training materials training records signed by
  the colleague and dated testing understanding
• AWARENESS
• reminders till prompt (or equivalent) signage
• SUPERVISION
• selection of colleagues day to day management
  observation complaints
• POLICY
• clear and documented put into practice realistic

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ASDA TRAINING POLICY

• Training
• Products With Restrictions
• What the Restrictions Are
• A Decision Every Time
• Ten Point Plan
• Importance
• How to refuse

• ASDA Policy
• If a colleague has any doubt that the customer is
  the required age they must ask for proof of age.
  If satisfactory proof cannot be provided they
  must refuse the sale.

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WHAT ELSE COULD WE DO?

• Can you justify what you dont do?
• Trading Standards will have a list of Something
  elses that could have been done.
• Refusals books
• Over labelling
• Own test purchasing
• Guidance on What kids look like
• Till Prompts
• Ask customers their age

• Because they can think of something else doesnt
  mean you were negligent!
• It just means that you must have considered and
  rejected it and be able to explain why you dont
  do it.

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ENFORCEMENT

• Responsible Enforcement?
• Targeting - rogue and irresponsible traders
• Test Purchasing - When is it acceptable?
• Last Resort - Home Office Circular 17/1992
• Concordat
• Proportionality and Consistency
• Smoking Kills White Paper
• Flagrantly fail to comply
• Tesco v Norfolk CC (2001)
• Disquiet about the employment of this strategy
  against a trader which is plainly making honest
  endeavours to avoid the commission of offences of
  strict liability. Judge Langan
• Systems to beat test purchasing

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IS THERE A SOLUTION?

• So why do we sometimes sell to an underage
  purchaser?
• We cant tell how old they are (ITS Report)
• PROOF OF AGE
• What Do we Want?
• What Have We Got?
• Fake Cards
• www.fakeiduk.co.uk
• www.photo-id.co.uk
• www.uwantid.co.uk
• Magazines
• What Are We Doing About It?
• PASS
• Trade Associations
• Lobbying

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BACK TO LORD DIPLOCK

• Due diligence is in law the converse of
  negligence and negligence connotes a
  reprehensible state of mind, a lack of care for
  the consequences of his physical acts on the part
  of the person doing them. To establish a defence
  under . a principal need only show he personally
  acted without negligence.
  Lord Diplock - Tesco v Nattrass (1972)
• What is the state of mind of your company?
• Can you demonstrate that you care?
• You choose to sell these items, your checkout
  colleagues dont. What do you do to help them?
• Remember that they can also be prosecuted and
  will need to be shown how to be diligent.

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SUMMARY

• Alcohol abuse is a social problem.
• Responsible retailers are not the cause of the
  problem.
• If children buy from us then it is because we
  have not been provided with the means to tell how
  old they are.
• Due Diligence - Prove it was a mistake that you
  could not have prevented. Dont blame the
  colleague.