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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70201
Experience:  Over 5 years in practice
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My salon has failed a test purchase for the second time,I have

Customer Question

My salon has failed a test purchase for the second time,I have to attend an interview and have been advised to seek legal advise.Not sure who to contact ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
A test purchase for what please?
Customer: replied 2 years ago.
Sunbed
Expert:  Jo C. replied 2 years ago.
Go on?
I presume this is trading standards?
Customer: replied 2 years ago.
Yes trading standards,did test last year and failed, also this year in August , failed both times .have until Friday to make a decision wether I want to be interviewed or not?not sure where I stand. Just to mention I have planned to take remove sun beds next month.
Expert:  Jo C. replied 2 years ago.
Ok. But what have you failed upon?
What is the failure?
Customer: replied 2 years ago.
It's a test purchase ( underage)
Expert:  Jo C. replied 2 years ago.
I presume the failure is legitimate? You don't dispute it?
Customer: replied 2 years ago.
I was on holiday at the time,a member if staff would of dealt with it
Customer: replied 2 years ago.
I was on holiday at the time, a member of staff (receptionist ) was on the phone so a new member if staff stepped in and let the under aged person on
Expert:  Jo C. replied 2 years ago.
OK.
Can you argue that you used all due diligence?
What steps do you take to train your staff?
Customer: replied 2 years ago.
All receptionist are fully trained and aware of the age limit, the member of staff that had served the underage girl is a beauty therapist and not normally on reception
Expert:  Jo C. replied 2 years ago.
OK.
I think you may as well go in for interview. You don't lose anything by doing so as you do have a defence and if you don't they will just summons you to court anyway.
Given the volume of failures, they are probably looking at prosecuting.
As with all test purchases, you can always argue that you did use all due diligence. That is not a test of perfection but it is a high test and you have the burden of proof. You need to satisfy the court that you do train your staff. You should have records of that and the staff can give evidence on the point. Magistrates do accept generally that you cannot stamp out risk completely. All you can do is what is humanly possible. If staff don't follow your directions then you cannot prevent that.
The difficulty that you may have here is that this person was on reception untrained. You will need to account for how that came about.
Either way, there is no point in not attending. You have a defence and should be offering it.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
What will happen when it goes to court,what sort of fine ?
Expert:  Jo C. replied 2 years ago.
It depends on the size of the business and the turn over but its a statutory maximum of £20,000.