Selling energy drinks to under-16s

This applies to shops, cafes, takeaways, vending machines and online sellers in England.

Selling to under-16s now

No law in England sets a minimum age to buy an energy drink, so selling one to a child is not an offence. A policy of refusing under-16s binds only the business that adopts it.

What the government plans

The government plans to ban the sale of high-caffeine energy drinks to under-16s in England. Nothing changes in law until Parliament approves the regulations and they are made.

Who and what the ban will cover

How to prove a customer is 16

You choose how to check age, in person and online, and you stay responsible for every sale. No list of accepted ID exists for energy drinks. A policy that accepts only a passport or driving licence may turn away customers who are old enough.

The Challenge 25 and ID rules for alcohol are built for 18 and over, so set your own threshold of 16. A courier delivering an online order needs a way to check age at the door.

How the ban will be enforced

Local authority trading standards services will enforce the ban. The government intends to give them covert test purchase powers through a separate instrument. You receive a notice of intent first and can make representations before a final notice is issued.

Prepare before the rules are made

Before the rules are made, you can:

• list every drink you sell above the ban's caffeine threshold, including powders and concentrates
• decide whether to refuse under-16s now, so your staff can practise the check
• agree with your vending operator who removes or replaces the drinks, and by when
• agree with couriers who checks age at the door and what happens to a refused delivery
• check legislation.gov.uk for the regulations and confirm the start date

Where to get help

Ask your local trading standards service about your premises, your vending machines and your age check policy. The government will publish guidance for businesses before the ban starts.