Targeting Retailers Who Break Tobacco Rules

Eleven retailers in Fife fail tobacco checks.

Fife Council has a duty to work under the Tobacco and Primary Medical Services (Scotland) Act 2010 in order to prevent the sale of tobacco to young children. This involves investigating complaints about alleged offences and taking measures to reduce the number of offences.

Fife Trading Standards’ Tobacco Enforcement Programme for 2013/2014, which meets the objectives of the Scottish Government “Enhanced Tobacco Sales Enforcement Programme”, showed very encouraging results which were presented at the Safer Communities Committee.

Senior Manager, Roy Stewart, reported that a total of 77 test purchases of cigarettes were carried out across Fife during the period, and 11 of these (14%) resulted in a positive sale (a failure). Under the Tobacco and Primary Medical Service (Scotland) Act 2010, fixed penalty notices can be issued where persons commit offences and this was the case for the premises where sales to under age young people took place. 

Roy continued the majority of retailers who sell tobacco in Fife comply with the legislation and advisory visits are carried out by enforcement officers who work closely with the retailers who sell age restricted products in order to provide guidance, and support them. They are also provided with a guidance pack should they need to refer to or provide training to their staff. In addition, a business card is also being produced which has the Quick Response code on it and when scanned, will take the retailer straight to information on Fife Direct where they can also print the relevant notices that are required to be displayed by law.

Councillor Kenny Selbie who chairs the Safer Communities Committee said “it is extremely encouraging that most of the tobacco sellers in Fife do not sell cigarettes to anyone under the age of 18. However, if a retailer is found not to comply we are prepared to take firm enforcement action which includes seeking banning order where there have been three or more relevant enforcement actions within a two year period. One was actually granted against a shop in Lochgelly earlier this year, the second one to be granted in Scotland.”