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RETAILING LEGISLATION A RETAILER’S I


t’s no secret that the UK is in the midst of a knife crime epidemic.


Record


levels of incidents involving a blade


were reported last year – over 40,000 in total. Worryingly, the number of children involved in knife crime is also on the rise, with 10-17 year-olds representing roughly 20 per cent of those cautioned or convicted. The statistics help to confirm


anecdotal evidence that more children are carrying weapons and being drawn into dangerous, exploitative gangs. Clearly then, there are a myriad of societal issues which make young people feel as though they need to carry a blade. However, another key factor when


it comes to the increase in knife offences amongst children (and one that is less-often discussed), is the ease at which individuals are able to access such weapons. DIY retailers and garden centres – which will naturally sell a wide range of bladed items in store or online – therefore have an important role to play in tackling underage violence. Vitally, retailers must ensure that under 18s are unable to purchase bladed products by putting in place a thorough and robust age verification procedure.


Changes in legislation Failure on the part of DIY retailers and garden centres to implement measures that ensure under 18s are


not able to purchase blades poses a clear and serious risk to children, and wider society. However, it can also lead to significant fines and reputational damage as a result. The


which received


Offensive Weapons Act, Royal Assent


earlier this year, has brought in tough new measures that support law enforcement’s


response to


violent crime. The Act strengthens the processes and procedures that retailers must follow when selling knives to under 18s and reinforces the fact that it is a criminal offence to dispatch bladed products without verifying the buyer is over 18. ACCS recently carried out a series of independent test purchases. This mirrored the statistics from National Trading Standards (NTS) in finding that 50 per cent of online retailers failed to check the age of shoppers buying knives. A significant number of retailers


are therefore putting themselves at serious risk of being prosecuted under the Offensive Weapons Act unless they act now to improve their systems and processes.


Age verification policy Crucially, the Act outlines that if retailers have a demonstratable age verification process in place that has been proven to work, they will have a statutory defence against potential prosecution. This makes it absolutely vital that a clear age verification policy is built into the checkout process for each retailer, both in store and online, provided by a reputable supplier. Below are the key steps that


retailers must put in place for a successful age verification process.


challenge and training staff The first step in the age verification process is to create an expectation of challenge from the start. DIY, garden and housewares retailers selling knives should use effective in-store signage, posters, banners and badges and 18+ symbols on websites, making it clear that


1 8 DIY WEEK 14 FEBRUARY 2020 Creating an expectation of


BEST WEAPON


How can DIY and housewares retailers avoid prosecution under the Offensive Weapons Act? Tony Allen, founder and head of certification at Age Check Certification Scheme (ACCS), investigates


identification will be required to purchase age restricted products. Displaying the formal age verification policy around the shop helps to initially warn off anyone attempting to purchase blades if they are not of age. It’s vital that all staff are thoroughly trained and aware of the age verification policy. Each staff member must make sure that all ID contains the customer’s photograph, date of birth and a holographic mark, such as a passport, photo driving licence or a PASS accredited proof of age card. It’s important to reinforce the fact that student ID cards, bank cards or National Insurance cards are not proof of age.


staff should follow the Challenge 25 guidelines, asking for ID from anyone who looks 25 or younger and refusing to sell to anyone who can’t prove that they’re over 18. For retailers selling knives or blades online, it’s crucial that a clear age verification policy is built into the checkout process of each site. Rather than simply asking a customer to confirm they are over 18, this must be verified by submitting proof of ID or using an independently certified age verification solution. When selecting a solution, it’s important to ensure that the provider


2


Verifying their age When selling blades in store, retail


has


PAS1296:2018 independent certification. It’s also important to consider that under the Offensive Weapons Act, age checking must now happen twice; once at the point of sale and a second time when the goods are delivered.


prosecution If staff don’t follow the age verification policy or online systems


3 are not


Checking the solution works Retailers will still be at risk of


sophisticated


enough to recognise fake IDs, so it’s crucial to check that the solution works. If DIY retailers have any concerns about the performance of staff when it comes to complying with the law they should use a mystery shopping service which highlights any areas of potential risk and complements the due diligence processes already in place. To ensure the


solution is working online, an independent age verification certification company will be able to provide test purchasing, using use someone who is apparently under 18 to attempt to purchase knives on the retailer’s website.


Age Check Certification Scheme (ACCS) ensures robust age check practices are followed by providers of age-restricted goods, content and services.


www.diyweek.net


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