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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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An adult purchased a pack of cigarette for a 15 year old to

Customer Question

An adult purchased a pack of cigarette for a 15 year old to calm her down to use as a controlling measure but gave that pack of cigarettes to another adult.Is it an offence?
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Vincent2013 :

Hi, thanks for your question my name's XXXXX XXXXX I'm going to assist you with it.

Vincent2013 :

Was it just cigarettes that were purchased for the minor, not alcohol?

JACUSTOMER-rs1n8vyh- : A pack of cigarette only. Hello
JACUSTOMER-rs1n8vyh- : Hello
Vincent2013 :

Although it is best practice for retailers not to sell any age restricted products to an adult who is purchasing on behalf on an underage person, only alcohol "proxy sales" are currently a criminal offence. Section 149 of the Licensing Act 2003 makes it an offence for any person to purchase or attempt to purchase alcohol for a child. However, whilst there is growing support for similar rules regarding cigarettes, it is not currently an offence.

Vincent2013 :

Can I clarify anything for you?

JACUSTOMER-rs1n8vyh- : My friend was told that it is an illegal offence
Vincent2013 :

In is an offence in Scotland, not in England and Wales.

JACUSTOMER-rs1n8vyh- : Would you please tell me the legislation dealing with it
Vincent2013 :

Do you mean the Scottish legislation? There is no legislation stating that it is not an offence.

JACUSTOMER-rs1n8vyh- : Sorry u r v bright if someone says it as an offence and received warning at workplace for buying cigarette for a 15 year old
Vincent2013 :

Apologies, I don't understand what you mean by 'u r v bright', could you explain? Thanks.

JACUSTOMER-rs1n8vyh- : I mean you are very bright
Vincent2013 :

Thanks. Of course, whilst it's not an offence, this does not necessarily prevent an individual who purchases cigarettes for a minor from receiving a warning from their employer. This will obviously depend on matters such as the circumstances of the purchase, the nature of the employment and the terms of their contract.

Vincent2013 :

Can I clarify anything for you?

JACUSTOMER-rs1n8vyh- : My last question a social worker bought a pack of cigarette to calm a 15 year old who is addicted to smoking.The social worker used it as a controlling measure to calm down the looked after child who was placed in a children's home.The worker gave the cigarette to the home manager.The worker was given one year warning saying it as an illegal offence
JACUSTOMER-rs1n8vyh- : Warning says it is an illegal offence to buy cigarettes for any one under the age of 18
Vincent2013 :

These are the kind of circumstances that I could imagine that behaviour such as this could result in disciplinary action from an employer. Despite any good intentions. Another could be, for instance, if a teacher purchased them for a pupil. Broadly, the important thing to consider here will be whether the employer has acted reasonably, after carrying out a reasonable investigation into the circumstances and whether the response (itself) was a reasonable one. An important part of assessing this will be to examine the employer's disciplinary procedures and employee manuals. It is not, however, a criminal offence.

JACUSTOMER-rs1n8vyh- : I understand what you are saying however in the warning it is mentioned as an illegal offence and also it says it could constitute misconduct under the disciplinary proceedure.
Vincent2013 :

In what warning does it say that it is an offence to purchase cigarettes for any one under the age of 18?

JACUSTOMER-rs1n8vyh- : Warning letter
Vincent2013 :

With regard to the offence, that is incorrect. However, it may well consitute misconduct under the disciplinary procedure. This will depend on the procedure.

JACUSTOMER-rs1n8vyh- : Thank you so much. It says it could constitute misconduct under the disciplinary procedure due to the reason that it is an illegal offence to buy cigarettes for any one under the age of 18 and this young person is looked after by the local authority.sorry I am waiting for a final confirmation answer do that I can relay to my friend that it is not an offence.
Vincent2013 :

You're very welcome. Before we end our chat, if I've been helpful ,I would be very grateful if you could take a moment to rate my answer.

JACUSTOMER-rs1n8vyh- : Off course I will do before u. Disappear a
JACUSTOMER-rs1n8vyh- : sorry the message went before completing it. I am just repeating ur answer so you have confirmed it is not an offence under English law.thank you
Vincent2013 :

That correct, it is not an offence under English law.

JACUSTOMER-rs1n8vyh- : Thanks a lot.
Vincent2013 :

You're welcome. Have a good evening.

JACUSTOMER-rs1n8vyh- : Goodnight
Vincent2013 :

Same to you. Please do take a moment to rate my answer and don't hesitate to contact me again if you need anything else..

JACUSTOMER-rs1n8vyh- : Sure I have some legal background that made me to check this with u.
Vincent2013 :

Sorry, just wanted to check - do you have any other questions for me?

Vincent2013 :

Could I ask you to rate so that I know that you are satisfied. Otherwise, please do just let me know if there is anything that I can clarify for you.

Expert:  Vincent2013 replied 3 years ago.

Hi Suresh,

 

I hope that my answers were helpful yesterday but i notice that you haven't yet rated. Please do let me know if I can clarify anything for you. Otherwise, I would be very grateful if you could take a brief moment to rate.

 

All the best,

 

Vincent