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31 October, 2024

The Haunting Consequences of Non-Compliance: A Halloween Reminder

The Haunting Consequences of Non-Compliance

This Halloween it’s crucial for businesses to remember that non-compliance with regulatory laws can lead to horrifying consequences—much scarier than anything approaching your front door this Halloween!

From age verification to safer gambling and allergen management, neglecting compliance can leave your business haunted by reputational damage, legal ramifications, and financial losses.

Age Verification

Legal Consequences of Underage Sales

It is an offense to sell cigarettes, tobacco, and cigarette papers to a person under the age of 18. If caught, retailers face serious penalties, including a fine of up to £2,500. Those who persistently sell cigarettes to underage customers can face further sanctions; magistrates can prohibit them from selling cigarettes from certain premises for up to one year. Recent legislation has empowered enforcement authorities and Trading Standards in England and Wales to issue fixed penalty notices (FPNs) of £100 for the underage sale of tobacco and vaping products.

Organisations face fines ranging from £500 to £1 million, with penalties linked to turnover to ensure they are proportionate to the size of the organisation. Individuals face a range of non-custodial sentences, from a discharge to a high-level community order or fine.

Best Practices for Age Verification

To safeguard your business against poor age verification compliance, consider implementing these additional measures to support staff and inform customers:

  • Staff Training: Ensure your staff receive adequate training on underage sales. Keep a training record and make sure the training is regularly updated.
  • Use of Till Prompts: Implement prompts that appear on the till when an age-restricted product is scanned to remind staff to carry out age verification checks.
  • Store Layout/ Signage/ CCTV: Keep your age-restricted products where they can be monitored by staff. For example, fireworks and cigarettes must be kept in a secure cabinet. Ensure you have adequate signs to inform consumers of the minimum legal age to purchase.
  • Refusals Register: Maintain a refusals register to record instances where sales of age-restricted products have been refused. This helps demonstrate that you actively refuse sales and have an effective system in place.
  • Third Party Tests: Invest in independent auditing services to rigorously test your estate to ensure all staff are adhering to the policies of your business. 

Find out how Serve Legal can help with your Age Verification needs, here

Safer Gambling

For businesses operating in the gambling sector, ensuring that safer gambling practices are in place is essential.

Problem gambling can affect many areas of a person’s life. According to the Royal College of Psychiatrists, problem gamblers are more likely to suffer from low self-esteem, develop stress-related disorders, experience anxiety, have poor sleep and appetite, and even develop substance misuse problems or depression. Businesses have a duty to offer safer gambling resources to customers and to stringently test these to ensure customer welfare remains a priority.

The Consequences of Non-Compliance

Non-compliance with safer gambling regulations can lead to heavy fines and potential litigation, not to mention the impact on vulnerable individuals. The reputational damage of poor customer welfare management can haunt your business long after the initial incident, making rectifying the issue a complex and costly process.

Proactive investment in safer gambling solutions ensures your business meets regulatory standards, protecting both your customers, staff and your business reputation.

Find out how Serve Legal can support your safer gambling efforts, here

Allergen Management

In today’s dining environment, allergen management is not just a legal requirement; it’s a moral obligation for businesses to take seriously.

The Risks

Failing to provide accurate allergen information can lead to severe allergic reactions, resulting in customer harm and distress, legal action as well as significant financial and reputational damage on your business.

Local authorities enforce allergen information regulations, and failure to comply can lead to action from these authorities. If you fail to act on advice given by the local authority, an improvement notice may be issued. If you do not meet the requirements of this notice, you could face a penalty or legal action.

Bad food hygiene practices that lead to cross-contamination can also result in food poisoning and allergic reactions. Businesses have a duty to take these possibilities seriously, also.

The Cost of Inaction

The horror stories of diners suffering from allergic reactions due to inadequate information are all too real. Investing in comprehensive allergen management solutions is a smart decision that protects your customers and fortifies your business against potential liabilities.

For Serve Legal's bespoke support on allergen compliance, click here

Making A Change

Ignoring compliance laws might seem like a way to save money in the short term, but the costs of non-compliance can be vast. The aftermath of a failed Trading Standards visit or a publicised incident can lead to legal fees, fines, and the loss of clientele. Not to mention, the impact on employee morale, customer confidence and safety can be detrimental.

Investing in management solutions that prioritise responsible age verification, safer gambling and allergen compliance from the start is always a wiser choice than trying to pick up the pieces after the fact.

The importance of compliance cannot be overstated. At Serve Legal, we provide a range of compliance management services, designed to help your business stay compliant to a multitude of compliance regulations.

By addressing these issues and investing in solutions, businesses can effectively mitigate risks, enhance their reputation, and ensure that their operations remain compliant year-round.

Get in touch with the Serve Legal team today to discuss how we can support your business.

Catriona Jolley
Cat (Catriona) Jolley, Serve Legal’s Marketing Executive, exemplifies growth within the company. Starting as an auditor at 18, her commitment and skill quickly led her to lead the Marketing Team by 21. Now, she oversees Serve Legal’s daily marketing operations, helping to shape the brand’s public image and online presence.

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