Report to: Report Reference: 8.1 Policy and Scrutiny Open Report on behalf of Pete Moore, Executive Director Resources and Community Safety Date: 04 April 2012 Subject: Communities Scrutiny Committee Tackling the Illegal Sale and Supply of Alcohol and Tobacco Decision Key decision? Reference: No Summary: This report is intended to update Members of the work and achievements of the Lincolnshire Safer Communities Service during the past 12 months regarding the enforcement of illegal sale and supply of alcohol and tobacco. This work recognises and supports the Government s national strategies and long term vision for tobacco and alcohol control by seizing opportunities for better health and packages of evidence-based action in our local area. At this meeting, we intend to showcase the local, regional and national work of the Service to the Committee showing our radical new partnership approach to alcohol and tobacco control. Actions Required: Members are invited to consider and comment on the work being done by Trading Standards Officers in the Safer Communities Service, to tackle the illegal sale of tobacco and alcohol whilst supporting local and legitimate traders. 1. Introduction 1.1 Lincolnshire Safer Communities Service through the work of Trading Standards Officers is responsible for enforcing the law relating to age restricted sales and licensing matters. Please see the attached guidance on the products and restrictions. The work focuses on tackling the illegal supply of tobacco and alcohol. Due to the health and community safety effects that these products can have on individuals and communities they are controlled by sales and pricing restrictions (taxation). When sales are made to those underage, these controls are weakened. To circumvent pricing and taxation controls illicit (smuggled) and counterfeit products are supplied. 1.2 Documented below is an overview of the Service s work and achievements in the past 12 months to tackle these two aspects of illegal selling. The success of this work has been magnified by the support of our partners especially Lincolnshire Police and the Lincolnshire Smoke Free Alliance. Lincolnshire Smoke Free Alliance have supported and enabled us to enhance our work in tobacco control by providing additional funding during 2011 and 2012 of 40,000. Page 1
1.3 This year has seen Lincolnshire Safer Communities Service showcase new working practices that are now being adopted by other local authorities across the Country. 2. Age Restricted Sales Advice to Businesses 2.1 One Hundred off-licensed businesses have been visited by a Trading Standards Officer and advised about the law regarding underage sales. 2.2 To assist the businesses, we provided them with a comprehensive letter detailing the sale of tobacco and tobacco products including counterfeit and smuggled. A new underage sales pack consisting of comprehensive guidance material relating to the sale of age restricted products such as tobacco, alcohol, knives and solvents has also been provided. The pack included information on how to prevent underage sales and posters to display in their shops which let young people know that they will be required to produce valid identification when trying to buy age restricted products. 2.3 Details of our new Age Restricted Sales guidance pack can be found by visiting http://www.lincolnshire.gov.uk/business/trading-standards extract attached as appendix A 2.4 During these inspections Trading Standards Officers have advised and inspected goods looking for illicit and counterfeit alcohol and tobacco, food safety issues, pricing and unsafe products. During several of the inspections Statutory Tobacco Notices were found to be missing and these businesses were provided with a notice. A number of businesses were issued with warning notice for food safety matters. One business was discovered offering for sale eggs that had none of the legally required labelling. 3. Underage Sales Test Purchase Operations 3.1 Safer Communities working in partnership with Lincolnshire Police have undertaken a number of underage test purchasing operations whereby approximately 125 premises across the County have been test purchased. These were both off and on licensed businesses. All off licensed premises we attempted an underage test purchase from had been pre-visited and provided with information and best practice advice relating to age restricted sales. 3.2 These test purchase operations involved the use of local underage volunteers (between the age of 14 and 16) that wore specialist covert camera equipment funded by Lincolnshire Smoke Free Alliance. 3.3 Unless we had intelligence to suggest the business was asking young people for their ages rather than identification our volunteers were instructed to tell the truth at all times and are not allowed to carry age identification. Page 2
3.4 We have conducted 3 test purchase operations where our underage volunteers have been authorised to lie about their age, stating were 18. The businesses test purchased during this exceptional circumstances operation were written to warning them that simply asking a young person their age or if they are old enough, is not sufficient as it is likely that most children in this situation would lie. The businesses concerned were advised to always ask for an approved form of identification, when approached by a person under 18 and best practice would be to operate Challenge 25. 3.5 We were also aware that some businesses ask a young person for their age when they suspect it is a test purchase as they know our volunteers generally cannot lie. 3.6 When visiting off licence premises the volunteers attempted to purchase tobacco and alcohol together. Following discussions with a number of organisations including Addaction it was decided that both tobacco and alcohol would be selected by the underage volunteer to make the test look more realistic. This is a new technique and other local Authorities are now adopting following the successes in Lincolnshire. Age Restricted Sales Results April 2011 March 2012 Underage Test Purchasing: On licence alcohol: 40 Sales 10 Failure Rate 25% Off licence alcohol: 85 Sales 11 Failure Rate 9% Tobacco: 59 Sales 8 Failure Rate 5% Knives: 0 Fireworks: 0 Enforcement Actions: Prosecutions: 3 Persistent Selling Prosecution: 1 Fix Penalty Notice & Warning Letters: 18 Licensing Reviews: 4 Formal Cautions: 1 Pending 1 Prosecution Results: 1. Spar 191 Newark Road prosecuted for sale of alcohol and tobacco. Fine 100, Victim Surcharge 15.00 Costs 43.00 Total 158.00. 2. Wolfies Wine Bar, Skegness, Chris Woods prosecuted for the sale of alcohol. Fine: 100.00 Victim Surcharge: 15.00 Costs: 85.00. Total - 200.00. 3. Marine Boat House - Persistently selling prosecution: Trader accepted a 48 hour closure notice rather than prosecution. Closure took place during the weekend of 13 th -15 th January 2012. 4. Royal Mail Cart, Spalding. Sale of alcohol to children (children taken into private back room) prosecution pending. Page 3
Licensing Reviews Results: 1. Bargain Booze, Sutton Bridge. Successful alcohol licensing review following sale of alcohol and tobacco to underage children by an illegal worker. Licence suspended for 4 weeks and additional conditions placed on licence. 2. Premier, Ruskington. Successful alcohol licensing review following the sale of alcohol to underage children. Conditions placed on licence. 3. Marine Boat House, Skegness. Successful licensing review following 2 separate sales of alcohol to underage children. Licence suspended for 4 weeks and additional conditions added. 4. Royal Mail Cart, Spalding. Successful licensing review following sale of alcohol to children (children taken into private back room). Licence revoked. 4. Proxy Selling Alcohol and Tobacco to Young People 4.1 Proxy selling is the purchase of restricted products on behalf of young people by an adult. We have currently undertaken 5 operations looking at proxy selling in the County. There is currently no offence to proxy purchase tobacco for a person under the age of 18. However there is a Police offence for proxy purchasing alcohol. 4.2 The operations were conducted in partnership with Lincolnshire Police. Trading Standards and Police Officers conducted surveillance on a number of premises across the County. 4.3 We have been asked by the Department of Health and Local Government Association to submit our findings regarding proxy purchasing of tobacco. This is to enable them to provide evidence to Government that a change in legislation is required to tackle these issues 5. Controlling Counterfeit and Illicit Tobacco and Alcohol 5.1 In early 2011 a local Police Officer in Boston, Boston Borough Council and Safer Communities Service recognised the issues and criminality surrounding the illegal sales of alcohol and tobacco from licensed premises. We looked at current working practices and considered how we could better protect the public and legitimate businesses that complied with the law. 5.2 In March 2011 Lincolnshire Safer Communities, HMRC and Lincolnshire Police joined forces to target these criminal activities. 5.3 HMRC s Assistant Director led the operation that included a national information sharing agreement. Lincolnshire was one of the first authorities to sign up to the agreement. A first of its kind, large scale pilot enforcement operation was planned along with an extensive media campaign which generated press attention both locally and nationally. The Lincolnshire pilot has been so successful it is now being mirrored across other parts of the Country. 5.4 Due to the success of the Boston operation we have continued this multi agency working in other parts of Lincolnshire. Page 4
5.5 Lincolnshire Smoke Free Alliance has funded a tobacco dog on two separate occasions and without his assistance hidden illegal tobacco would have gone undetected. Counterfeit Alcohol and Tobacco Enforcement Work Results Multi Agency Enforcement Operations Area Visited Number of premises visited Quantities of illicit alcohol and tobacco seized Boston 6 88.75 Litres of alcohol 1500 Cigarettes 0.35kg Hand Rolling Tobacco Counterfeit and unsafe alcohol and tobacco found? Enforcement Action(s) Taken Yes 6 Reviews & 2 Cautions Lincoln City 4 11845 cigarettes 54.1 Litres of alcohol 8.5kgs Hand Rolling Tobacco Yes 4 Reviews & 4 pending prosecutions Grantham 2 4460 Cigarettes 127.3 Litres of alcohol 3.6kg and Rolling Tobacco Pending 2 Reviews (pending) Spalding 1 8040 Cigarettes No 1Review (pending) Enforcement Actions Results: 1. International Foods, 19 Bridge Street, Boston license revoked shop now closed down. 2. Boston Deli, Skirbeck Road, Boston licensed suspended for 3 months. 3. 92 High Street, Boston license revoked. 4. The International Shop, Red Lion Street license revoked. 5. Boston Food and Wine, 42 High Street license revoked. 6. 7 Days Deli, 63 West Street license revoked prosecutions as continued to sell alcohol without a licence. 7. International Foods, Portland Street, Lincoln - Licence revoked Prosecution pending. 8. International Foods, High Street, Lincoln - Licence revoked Prosecution pending. 9. Finest Foods, High Street, Lincoln - Licence revoked Prosecution pending. 10. Kubus, Portland Street, Lincoln Licence revoked Prosecution pending. Page 5
6. Explosion in Boston 6.1 In July 2011, 5 men were tragically killed in an explosion in Boston where an illegal distillery was producing illegal alcohol. Safer Communities Service responded quickly to the concerns of the public regarding counterfeit alcohol by covertly checking every alcohol retailer in the south of Lincolnshire. Additional checks to industrial units where also conducted in partnership with HMRC. 6.2 All food safety concerns and intelligence was forwarded directly to the Food Standards Agency for their information and co-ordination nationally. 6.3 Safer Communities and the Lincolnshire County Council (LCC) communications team responded to all media enquires, locally, regionally and nationally which helped to informed the public of the dangers of purchasing cheap and counterfeit alcohol. 7. Supporting Legitimate Business 7.1 Thirty on licensed businesses have been visited by a Trading Standards Officer and advised about the law regarding counterfeit and illicit alcohol and tobacco and underage sales. Comprehensive inspections are currently taking place along with sampling and product authenticity testing. To assist businesses, we provided them with a How to Spot Counterfeit Alcohol and Tobacco guide and an age restricted sales business guidance pack. 7.2 During these inspections Trading Standards Officers have advised and inspected goods looking for illicit and counterfeit alcohol and tobacco, food safety issues, weights and measures compliance, pricing and illegal tobacco vending equipment. 8. Recycling Seized Alcohol 8.1 Alcohol seized by Safer Communities and Lincolnshire Police has been recycled for better use in a trial project conducting by the Service. 8.2 One tonne of seized alcohol has been turned into enough electricity to power the average home for an hour. Other seized items including glass, cans and bags have also been recycled through the process, which aims to re-use 100 per cent of the materials. This positive work has been publicised to the residents of Lincolnshire, along with Police and Trading Standards Colleagues nationally. 9. Media and Promotional Work 9.1 Over the past year Safer Communities Service has worked in partnership with the LCC communications team publicising the work of the Service, by educating the community and warning consumers and business of harmful and unsafe trading practices. Both teams have worked very hard by building an extensive and successful media strategy and have acted promptly and effectively to issues and trends as they have arisen. Page 6
9.2 Within the subject area of Age Restricted Sales, Licensing and Counterfeit alcohol and tobacco we have responded to numerous media requests and seen our work promoted in over 40 media stories. This does not count partnership media work with HMRC and Lincolnshire Police. 9.3 Our work has been showcased locally, regionally and nationally via newspapers, radio, internet and the television. The One Show, Sky News, BBC Look North, Trading Standards Today magazine, Boston Standard and the Lincolnshire Echo to name only a few have published our work. 9.4 Last October we attended Ash Wales Alcohol and Tobacco annual conference where our work was presented on the main stage to professionals across the UK. In November we were also invited to Westminster to share our knowledge, experience and good working practices when dealing with counterfeit alcohol and tobacco offences. 10. Educating Young People 10.1 Safer Communities have been working in partnership with the British Institute of Inn Keeping Accreditation Board (BIIAB) to create a recognised qualification about tobacco. The newly launched Choked up DVD produced by Safer Communities and Lincolnshire Smoke Free Alliance will be used as a basis for this and BIIAB will ensure that all areas with regards to health, addiction, the law etc are fully covered by the learning outcomes and assessment criteria. It is hoped it will be used within schools as part of the PSHE curriculum for pupils in years 6 to 9 (approximately 11 14 year olds). 10.2 The examination for the Level 1 Smoking Awareness qualification will be 25 questions which will be a mixture of True/False and multiple choice questions with three possible answers. (This fits in with the BIIAB Level 1 Award in Alcohol Awareness which is 25 questions split in this way). 10.3 Safer Communities and BIIAB are currently piloting the qualification within a selection of secondary schools and youth groups in Lincolnshire. This is enabling us to ensure that the qualification is fit for purpose, the learning outcomes and assessment criteria are relevant. Any materials produced are suitable, that all questions are fair, unambiguous and test the assessment criteria. 10.4 For the purposes of piloting, BIIAB will not be charging the usual registration or certification fee. In return they hope to receive useful, constructive feedback from teachers and pupils at the pilot schools with regard to all aspects of the qualification. 10.5 All pupils who pass the examination will receive a certificate from BIIAB confirming their achievement. 10.6 Once the learning outcomes and assessment criteria are finalised the qualification can be submitted for accreditation on the Qualifications and Credit Framework (QCF) by the regulator, the Office of Qualification and Examination Regulation (Ofqual). BIIAB are planning to launch this initiative in summer 2012. Page 7
11. Conclusion 11.1 The outcomes of this year s work have shown the successes of strong partnership working, which is something we hope to continue, maintain and grow in future years. Alcohol and tobacco control is a key priority for Safer Communities next year and we will continue to use various creative preventative and enforcement strategies to target those that undertake these illegal activities, striving to improve the lives of local people and businesses in Lincolnshire. 12. Consultation a) Policy Proofing Actions Required n/a 13. Appendices These are listed below and attached at the back of the report (due to the size of the appendix it will be circulated by e-mail only, and will also be available electronically at www.lincolnshire.gov.uk/committeerecords) Appendix A Age Restricted Sales guidance pack 14. Background Papers No background papers within Section 100D of the Local Government Act 1972 were used in the preparation of this report. This report was written by Sara Barry-Head of Safer Communities, who can be contacted on 01522 552499 or sara.barry@lincolnshire.gov.uk. Page 8