Consultation outcome

Government response to the consultation on introducing an approved sale mechanism for the sale of National Lottery products by 16 and 17 year olds

Updated 9 September 2021

Foreword by the Minister for Media and Data

In July the government launched a consultation on introducing an approved sale mechanism for National Lottery products to provide additional flexibility and support for those retailers that employ 16 and 17 year olds before the minimum age for selling tickets increases to 18 on October 1.

Retailers and the National Lottery operator have been supportive of our proposals, agreeing that they strike the right balance between protecting the interests of young people and enabling the National Lottery to continue to raise vital funds for good causes. Over the summer we have heard from a broad range of retailers about how approved sale systems for alcohol in England and Wales and nicotine and vaping products in Scotland work in practice, and the role a similar system could play in supporting sales of National Lottery tickets.

We therefore propose to introduce an approved sale system for National Lottery tickets, based on the existing systems retailers use. Throughout we have been mindful of the diversity of the 44,000 retailers that sell National Lottery products ranging from large national supermarkets to independent family-run shops. Retailers reliant on 16 and 17 year olds will be able to implement changes in a manner that works best for them, either by enabling colleagues over the 18 to approve sales, or by allowing managers to pre-authorise sales by 16 and 17 year-old staff.

Retailers are central to the success of the National Lottery and the support it has given to communities up and down the UK since it was launched in 1994. The successes of our National Lottery-funded Olympians and Paralympians this summer have yet again demonstrated the truly transformational nature of the Lottery both in relation to the sectors it supports and the nation as a whole and I am committed to seeing it thrive in the decades to come.

Rt Hon John Whittingdale OBE MP
Minister of State (Minister for Media and Data)

Executive summary

Following the overwhelmingly positive response to the consultation held in July and August 2021, the government is introducing an approved sales system for National Lottery products, anticipated to come into effect on 1 October alongside the increase in the minimum age to buy and sell National Lottery products from 16 to 18. This is an optional easement for National Lottery retailers who employ 16 and 17 year olds, and delivers flexibility for retailers in choosing how to implement it, based on approval systems already used in the United Kingdom.

Introduction

Since the launch of the National Lottery in 1994, there has been a consistent minimum age to both buy and sell National Lottery products. Following a public consultation in 2019, the government laid legislation in December 2020 to increase the minimum age to buy and sell all National Lottery products from 16 to 18, with the increase coming into legal effect on 1 October 2021. As anticipated in that consultation response, the Gambling Commission and the current operator of the National Lottery have implemented the new minimum age to buy earlier, and the change was made ‘on the ground’ for both retail and digital sales channels on 22 April 2021.

More recently, information has emerged that the increase in the minimum age to sell National Lottery products may cause operational difficulties for some retailers employing young people aged 16 or 17.

A consultation was therefore held in July and August 2021 seeking views on an optional ‘approved sales’ system for National Lottery products, based on those which currently exist for alcohol in England, Wales and Scotland, and in Scotland for tobacco and nicotine vapour products, with the aim of providing an optional easement for retailers particularly reliant on 16 and 17 year old staff in line with existing systems for products with age limitations on sales.

Responses

Summary of respondents

The government received 16 responses in total, of which 15 were from businesses or trade associations and one was from a member of the public. Alongside the consultation a series of meetings was also held with retailers and trade associations in order to hear their views directly.

The responses received are across a diverse range of retailers, ranging from large multiple retailers (eg Tesco, WH Smith, Co-op Group), trade bodies representing the convenience store sector (eg the Association of Convenience Stores, National Federation of Retail Newsagents and the Scottish Grocers Federation) and the current operator of the National Lottery. A list of named respondents can be found at Annex 1.

Overall support for an approved sales system from respondents

Of the 16 responses received in total, 14 supported introducing an approved sales system for National Lottery products. The remaining two, the Gambling Business Group and the individual member of the public who responded, supported the ‘do nothing’ option.

The respondents who are supportive of the approved sales system are retailers with multiple outlets such as the large supermarket chains, trade bodies of the convenience store sector and the current operator of the National Lottery. The consultation responses therefore suggest retailers are in favour of bringing in this easement.

A key point to come across from the consultation responses is that even for retailers who do not already operate approved sales systems for alcohol or tobacco products, the approved sales system is still preferable over and above the increase in the minimum age changing to 18, which would be more costly and disruptive to their businesses. Of the retailers that responded, 6 had experience of using an approved sales system already, with 1 retailer unfamiliar with such a system and 1 not giving details. Of the representative bodies that responded, all 3 spoke of such a system already being widely used by their members. All were supportive of an approved sales system as the preferred option.

Discussion

Across the UK there are approximately 44,000 retailers selling National Lottery products, ranging from large chains of supermarkets to independent newsagents. Within this network there are a diverse range of different business models, which may be affected by an approved sales system in a variety of ways.

Many who responded to the consultation already sell a variety of other age restricted products and hence already operate an approved sales system for alcohol, and for those in Scotland tobacco products too. A common theme in these responses was a welcoming of the government’s intended approach to introduce a system similar to those which already exist.

Looking in detail at these existing systems, they operate in two distinct ways. The alcohol system in England and Wales provides for approval ‘in the moment’, and the Scottish tobacco system has a process of pre-approval, so an employee can handle repeated transactions. Bearing in mind the diversity of the National Lottery retail network, the government has decided that both approaches should be possible to offer maximum flexibility.

The responses to the consultation were broadly positive about the feasibility of introducing an approved sales system. For example, Tesco suggested that it would be straightforward for them - “Dual authorisation is a normal part of store life for our under 18yrs colleagues, as it’s a process that they are all used to when selling all other products with an 18 age restriction – alcohol, tobacco, knives. If this process is legal and has been in place for many years working successfully……For Tesco as a business and our colleagues it would involve no additional learning or processes as this is a process that is engrained into the business.”

For some other large retailers with multiple outlets it may be less straightforward as they do not have existing experience of operating an approved sales system. However, a theme that came through consistently is that even for those retailers for whom it would mean implementing a new approach, this was still their preferred option and they welcomed the voluntary easement the approved sales system would deliver.

For example, whilst The Original Factory Shop do not currently sell alcohol or tobacco they highlighted, “We do however sell other age restricted goods i.e knives, painkillers, aerosols, DVDs etc and as such these sales are assisted by a member of management when the customer is being served by an under age colleague.”

Similarly, the response from WH Smith explicitly called for the government’s approach to be based on that which currently exists for tobacco products in Scotland - “We ask that DCMS adopt a similar approach for National Lottery products to the approved sales system for tobacco and e-cigarettes in Scotland.”

Alongside the large multiple retailers selling National Lottery products are many thousands of independent retailers and their views are captured in the consultation responses through the trade bodies who responded - the Association of Convenience Stores (ACS), the National Federation of Retail Newsagents (NFRN) and the Scottish Grocers Federation (SGF).

The responses from all of these bodies were supportive of the approved sales system over and above the ‘do nothing’ option. The NFRN’s response stated that, “Overall, the approved sale proposal, while it may cause some changes in staffing in our members stores, has the advantage of being familiar to those retailers who sell alcohol and is considerably less disruptive to businesses and those looking for evening and Saturday jobs than restricting sales to staff over 18 years of age only.”

Complementary to that response was the response from ACS, who helpfully highlighted their data which showed that “only a small minority (16.7%) of independent retailers who sell lottery products do not have an alcohol license. This means that most independent retailers have experience of managing the approved sales mechanism.”

Nevertheless this is still a sizeable minority and underlines the importance of an approved sales system being as light touch and workable for retailers as possible, while maintaining the original policy intent of protecting the interests of young people.

Conclusion

Given the strong support which came through from the consultation response, the government’s decision is to introduce an approved sales system for National Lottery products. This will provide an optional easement for those retailers who choose to utilise it, and offer maximum flexibility for the diverse range of retailers who sell National Lottery products. The approved sales system will come into effect on 1 October, alongside the minimum age to buy and sell National Lottery products increasing from 16 to 18.

Annex A - List of named respondents

• News on the Wharf

• The Lotteries Council

• East of England Co-op

• The Scottish Grocers Federation

• The National Federation of Retail Newsagents

• The Co-Operative Group

• Tesco

• The Original Factory Shop

• WH Smith

• The Association of Convenience Stores

• The Gambling Business Group

• SPAR UK

• Camelot

• Age Check Certification Scheme