Test Purchasing Your Questions Answered

27 April 2009

Many Local Authorities have adopted test purchase operations as part of their overall strategy to assess and improve compliance with legislation that controls the sale and supply of age restricted products

Other activities undertaken by Local Authorities to promote and or improve compliance include:

1.       Carrying out programmes of education by means of publicity, business, seminars , production of guidance material, visits, inspections, etc;

2.       Implementation of Proof of Age Schemes, many of which are PASS accredited. “PASS” refers to the Proof of Age Standards Scheme which seeks to accredit legitimate Proof of Age schemes that meet established criteria.

1.       Test purchasing purposes the young person must not look older than their age. A useful test may be drawn from Section 146 the Licensing Act where part of the defence states “nobody could have reasonably suspected from the individuals appearance that he was under 18”. If therefore a reasonable person assesses the age of the test purchaser to be below that stipulated for the product being tested then the young person will be deemed suitable for the operation.

2.       Consideration should also be given to the clothing, jewellery and makeup worn by the young person. The purpose is to replicate as far as possible reality, therefore, within reason, the young person should be permitted to wear their normal clothing for visiting the particular establishment under the test. It is not advocated that the young person should make a deliberate attempt to make themselves look older.

1.       The test purchaser will, as far as possible be made in the same manner as a member of the public would seek to make a purchase, however there are some particular considerations that must be applied to test purchasing operations:

2.       They must be told as far as is reasonably possible exactly what to say and what not to say;

3.       For routine test purchase operations, the young person must be told to answer any the questions that the seller may ask about their age truthfully;

4.       In exceptional circumstances, the Local Authority may consider whether it is appropriate to undertake test purchase operations where the young person is instructed not to answer truthfully any questions related to their age posed by the seller.

5.       Specific premises that are selling age restricted products to young person’s that are underage AND that the action of the seller is always to ask the young person their age. Given that test purchasers will answer truthfully, the seller avoids making a sale whereas, had the young person not answered truthfully a different outcome may have ensued.

6.       In such exceptional circumstances, where it is clear that illegal sales are taking place and that the seller is not taking all reasonable steps to avoid the commission of the offence, the Local Authority may determine that this course of action is appropriate in order to prove breaches of the legislation and ultimately to gain compliance with the legislation.

7.       If the initial attempt to purchase a product/s is refused, the young person must be told not to attempt to persuade or coerce the seller to make the sale.

8.       Colour photographs may be used in legal proceedings showing the appearance of the child or young person. Such photographs should be taken clearly to illustrate the height of the child or young person. Photos should be taken on the day of the proposed transaction and as near to transaction/activity time as possible, given operational considerations.

Those involved in the planning and conducting of test purchasing exercises will need to have regard to:

1.       The avoidance of inciting, instigating, persuading, pressurising or wheedling a person into committing an offence that, otherwise, would not have been committed.