Policy responses and statements

Name of organisation:

Department of Health

Name of policy document:

Consultation on under-age sale of tobacco - Changing the age of sale and strengthening sanctions against retailers for under-age sale of tobacco

Deadline for response:

2 October 2006

Background: Ministers announced the Government's intention to consult on powers in the Health Bill 2006 to change the age of sale of tobacco. The White Paper 'Choosing Health: Making Healthy Choices Easier' includes a commitment to introduce powers to strengthen sanctions against retailers for repeated flouting of under-age law. There was also a commitment to consult on both measures.

The purpose of this consultation was to invite views on:

changing the minimum age of sale for tobacco
sanctions against retailers for breaking the law

The Department of Health would also invited suggestions on any other measures that might help to reduce smoking among young people.

COMMENTS ON
DEPARTMENT OF HEALTH
CONSULTATION ON UNDER-AGE SALE OF TOBACCO: CHANGING THE AGE OF SALE AND STRENGTHENING SANCTIONS AGAINST RETAILERS FOR
UNDER-AGE SALE OF TOBACCO

The Royal College of Physicians of Edinburgh is pleased to respond to the Department of Health on its consultation on under-age sale of tobacco.

The College welcomes the intent of this consultation and is supportive of ongoing attempts to reduce tobacco consumption.  The College has been actively involved in considering the age of sale of tobacco and participates in the expert group established by the Scottish Executive to advise the Scottish Minister for Health and Community Care on the prevention of smoking in young people.  The report of this group is currently with the Minister awaiting publication.

Having reviewed the available evidence on this topic, the College believes that -

• although there is no evidence that raising the age of purchase on its own will influence tobacco sales to young people, the arguments for doing so are sensible
• effective enforcement must be introduced if the measure is to be of value
• raising the age of purchase to 18 seems a sensible measure, and will bring England and Wales into line with most of the EU and avoid the situation that tobacco is apparently treated as being safer than alcohol.  To be successful, however, the increase in age of sale must be allied with strict enforcement by test-purchasing and prosecution of vendors found to be selling to minors, and accompanied by supportive campaigns.

Accordingly, on the question of age of sale the College would support Option 3, that of raising the legal age of sale of tobacco products to 18 and over.  On the question of sanctions against retailers, the College would support Option 2, that of negative licensing.  However, if this option was found to be failing in practice, we believe that Option 3, that of positive licensing, should be considered at such a time.

Copies of this response are available from:

Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.

Tel: 0131 225 7324    ext 608
Fax: 0131 220 3939

[6 October 2006]