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Under aged test purchasing - a reminder on the guidelines

With reports in the press that Durham County Council are looking to revamp their test purchasing strategy by raising the age of under aged testers from 16 to over 17, and allowing youngsters to work in pairs in the evening, which it hopes ‘will improve the effectiveness of test purchasing’, it is perhaps timely to remind that LACORs has previously issued guidance on this subject, last updated in March 2010.

The relevant extract on the age and appearance of volunteers follows:

• “The young person must not look older than their age. It is acknowledged that child development is not an exact science; however, the young person should be representative of their age group.

• A useful test may be drawn from Section 146 the Licensing Act 2003 where part of the defence states “nobody could reasonably have suspected from the individual's appearance that he was aged 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 to be suitable for the operation.

• 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 test. For example, if the operation involves an on licensed premise, it may be normal practice for the young person to wear make up and jewellery. Nothing in this guide advocates that the young person should make a deliberate attempt to make themselves look older than they are.”

The full guidance can be found at: www.lacors.gov.uk

Interestingly the similar Guidance for Scotland recommends that ‘volunteers should be at least 18 months younger than the legal minimum age for the purchase of the product in question’.

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