- April 16, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Current System for Warning on Bladed Items
Our current system only warns on the bladed items we sell, such as Stanley blades and saws. Unfortunately, it does not provide warnings for aerosols, glues, and paints.
## Personal Experience Handling Sales to Minors
From my perspective, I have only ever needed to decline sales to literal children who want bicycle puncture kits with glue. It is not generally a place children under 18 would shop. However, I am concerned about who would be held responsible if we were to receive a secret shopper.
## Challenges in Updating the System
It is unlikely that we would get the system updated due to the views of the people at head office regarding what is necessary and what is not.
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****** just grabbed a
NAL. You would be responsible. It’s your job to know this, to be blunt.
Store is expected to train you in age related sales, you are expected to know and follow that training.
Till prompts are an extra to help, support, remind you but as the person making the sale it is on you to be vigilant and check Id.
Could be worth feeding back to management to see if they can add it onto the tills but ultimately as long as you have had training it’s your responsibility to follow it.
Responsibility is shared between owners, management and individual shop assistants.
Large retailers voluntarily set good practice (covering their asses) by building the SKUs into the POS, having regular training (including understanding the above responsibilities), having challenge 25 stickers, etc. If cigarettes etc. are being sold underage the procedure is checked by police, trading standards, the council normally the shop assistant owns up, is disciplined and the procedures are checked.
In your case the shop assistant is still responsible, but there is more room for mitigation. Did the shop assistant warn their managers that the POS was out of date? Were the glue vials well labelled with clear warnings? Is the shop in a known hotspot?
In your case all you can do is keep issuing written warnings each time a SKU doesn’t ping the system and do your best. Mistakes do happen. It’s for the powers that be to apportion responsibility based on the whole story.
Whilst it may be a policy of your employer, glues, solvents etc. (but not aerosol spray paints) are not strictly banned for sale to children.
https://www.manchester.gov.uk/info/200063/licences_and_permissions/4990/underage_sales/10
It’s a matter of whether you suspect that they will abuse it or not. A 10yr old child buying a puncture repair kit with the intent of repairing a puncture on their bicycle is legally permitted to purchase it, and you are legally permitted to sell it to them (for that purpose)
Spray paint does have a strict age limit of 16 (not 18), with the intention behind that restriction being around reducing graffiti.
Are you sure the particular glues and paints are restricted? The Intoxicating Substances (Supply) Act 1985 only covers things with intoxicating organic solvents. For example, super glue and epoxy wouldn’t be included, while polystyrene cement would be. Most modern paints are water-based and aren’t covered by it. Aerosol paints are restricted by the Anti-social Behaviour Act 2003.
This should have been in your training (who is responsible). Did the store not train you?
It’s your job to know the law, just because the computer doesn’t flag something doesn’t mean you can sell it to underage people.
The till systems haven’t always had prompts to remind you of the law. I used to work in a store that introduced prompts whilst I was there and it was clearly not properly implemented, for example a wiper blade came up with the prompt.
Out of interest who is the PoS provider?