Sale of tobacco and nicotine inhaling products to a person under the age of 18
Sale of tobacco and nicotine inhaling products to a person under the age of 18

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Sale of tobacco and nicotine inhaling products to a person under the age of 18
  • Offences relating to the sale of tobacco to persons under 18
  • Application/jurisdiction and enforcement
  • Cigarette vending machines
  • Offences relating to the sale of nicotine inhaling products to persons under 18
  • Other offences—loose cigarettes
  • Statutory notice
  • Defences to offence of sale of cigarettes to underage persons
  • Who can be prosecuted?
  • Sentencing for offence of sale of cigarettes to underage persons
  • more

In an attempt to curb the increase of children and young persons becoming addicted to nicotine, in England and Wales there are a number of difference offences relating to the sale of tobacco and nicotine inhaling products to persons under 18 years old. Such offences can be committed either by the individual who made the sale and/or by the retail outlet where the sale was made. The purchase or attempted purchase of tobacco or nicotine products on behalf of someone under 18 ('proxy purchasing') is a separate offence which is committed by the individual purchasing or attempting to purchase the restricted item rather than the retailer or its employees. For more information on proxy purchasing of tobacco and nicotine products, see Practice Note: Proxy purchasing of tobacco and nicotine products.

Offences relating to the sale of tobacco to persons under 18

The Children and Young Persons Act 1933 (CYPA 1933) prohibits the sales of tobacco to a person under 18:

  1. a person is guilty of an offence if he sells to a person under the age of 18 any tobacco or cigarette papers, whether for his own use or not (s 7(1))

  2. if it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises has been used by