A QUARTER of shops in Scotland are selling cigarettes to 16-year-olds despite the ban on sales to under-18s.
The new age limit was introduced just over 100 days ago but new figures show that many supermarkets, garages and newsagents are still failing to abide by the rules.
Sixteen-year-olds accompanied by undercover trading standards officers have made
204 random visits to shops in the central belt of Scotland since October. In 51 of those cases, they were able to buy cigarettes. So far, however, only three shop owners have been reported to the procurator fiscal.
The high number of breaches is set to lead to a licensing system under which retailers would be stripped of the right to sell tobacco if they were found to have sold to underage children.
The new 18-year age limit was imposed on October 1 last year in the latest battle being waged by ministers against Scotland's addiction to cigarettes.
The figures were compiled by the Society of Chief Officers of Trading Standards in Scotland and reflect the total number of so-called 'test purchases' carried out since October.
David Thompson, the chairman of the Society of Chief Officers of Trading Standards in Scotland, said: "Retailers need to be more vigilant to make sure that their staff are fully trained. Our advice to them is to always err on the side of caution. Even if someone looks 21, they should still ask for the persons' ID."
He added: "It shouldn't be a problem for retailers to ask young people for either their entitlement card or their proof of age. It should be a normal process rather than something confrontational."
The ease with which under-18s can buy cigarettes was reflected in a recent report from the anti-smoking pressure group Ash Scotland which showed that 82% of 15-year-olds and 47% of 13-year-olds in Glasgow buy their own cigarettes from a shop.
A spokeswoman for Ash Scotland said: "There needs to be more money put into enforcement of this law. Too many shops are still flouting the law and selling to under-18s. These shops aren't being caught and don't feel under threat."
The figures come as ministers put the finishing touches to a new smoking prevention action plan, adding to the historic smoking ban in 2006.
Among the measures being considered are a crackdown on younger smokers and a plan, backed by the British Medical Association, to remove cigarettes from display and instead have them for sale under the counter.
Ministers are also poised to back a private members' bill, being sponsored by SNP MSP Christine Grahame, which would force all shops selling tobacco to apply for a licence. This move is also backed by the BMA.
Thompson said last night that he too supported the scheme.
"We hope it will be a move forward to make retailers more responsible. Positive licensing puts the onus on retailers and, having gone to the trouble of getting a licence, it becomes something they don't want to lose."
Minister for Public Health Shona Robison said: "The Scottish Government is committed to tackling underage sales of tobacco and is considering a range of possible options in this respect."
On the licensing scheme, Christine Grahame said: "There is no effective deterrent for retailers who consistently sell cigarettes to those underage. I don't want to stop smokers getting cigarettes, but I do want the law properly upheld and enforced."
Chris Ogden, director of the Tobacco Manufacturers' Association, said they would increase the regulatory burden on retailers and added: "Retailers don't want a positive licensing system. We believe most retailers in Scotland and throughout the UK are committed to upholding the law on age-related sales."
But it is thought Grahame's plan is now likely to be adopted, if she can prove to SNP ministers that the red tape of a licensing scheme can be minimised.
