Retailers urged to enforce Zero Tolerance

It should be made very clear that a sale to any minor is an offence and will be viewed as a dismissible offence

CSNA says retailers can avoid conviction for underage tobacco or vape sales if they prove robust compliance measures

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The offence of selling tobacco and vaping products to a minor is considered to be a serious matter and has fines and penalties imposed that reflect the gravity of the offence.

However, it is not impossible to avoid a conviction even where your staff member has sold tobacco or a vaping product to an underage test volunteer, the CSNA stated.

As seen from the extract from the Act, the Public Health (Tobacco and Nicotine Inhaling Products) Act 2023, there is a defence against a charge if your solicitor can show to the judge that you, the licensee, did everything in your power to prevent the sale taking place.

Preventing the sale

36. In proceedings for an offence under this Act, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with such provisions of this Act as are alleged to have been contravened.

This defence will only succeed if diligent in having a compliant culture in the store.

It needs to have it noted in the Contracts of Employment and Company Handbook that there is a Zero Tolerance culture for those selling any age controlled goods to minors and reminding the staff of the control policies your store adopts (Age Card, photo id etc).

It should be made very clear that a sale to any minor is an offence and will be viewed as a dismissible offence.

• Every staff member should be reminded verbally on a very regular basis (at least monthly) that sales to minors are strictly forbidden, a message that is also put on each staff roster and on their payslips.
• Training is vital and keeping record of these training sessions, signed and dated by the trainer and trainee will form part of the records you may rely upon to help you in the future if you have the misfortune to fail a Test Purchase.
• If there is a staff canteen and Noticeboard, emphasise the need to prevent underage sales.
• Keep a refusals register.
• If your till system has an age prompt, get a declaration from your supplier that the prompt was requested by you as a non-standard addition.

There are ways to defend yourself, but it requires your adoption of a Zero Tolerance policy and really do everything you can do, as owner, to prevent the sale of tobacco and vaping products.

This defence is not available for alcohol sales; strict liability.

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© 2026, ShelfLife by CSNA

Read More: CSNA Nicotine Vape

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