BUSINESSES which illegally sell spray paint to children in York could find themselves coming under the spotlight of a mystery shopper crackdown.

City of York Council is planning to launch a test-purchasing initiative in an attempt to discover whether sales of the substance, commonly used by graffiti artists and vandals, to youngsters are a problem in the city.

Allowing anybody under 16 to buy aerosol cans is illegal under the Anti-Social Behaviour Act 2003 and can lead to the seller being prosecuted, with fines of up to £2,500 being imposed if they are convicted of an offence.

A report which will go before the council’s cabinet member for crime and community safety, Coun Sandy Fraser, next week has also outlined the results of schemes carried out by the authority’s trading standards officers in dealing with underage sales of alcohol and tobacco, which has also seen test-purchase operations being run.

“Officers receive very little intelligence on businesses illegally selling spray paint to children, either from the public or other sources,” said the council’s trading standards manager, Matt Boxall, in the report.

The rundown of the council’s test-purchasing activity in 2010/11 showed 26 visits were made to businesses to check whether alcohol was being sold to underage buyers, with only one illegal sale being reported and leading to the culprit being issued with a fine.

Five unlawful tobacco sales, mainly from vending machines, were discovered from 41 visits – compared to just one illegal purchase in 2009/10 – while no York businesses broke the law by selling illegal knives or computer games during 2010/11.

Mr Boxall’s report also said the trading standards department was continuing an education and enforcement programme surrounding illegal fireworks sales in the run-up to bonfire night. Guidance leaflets informing businesses they must be registered with the council were being sent out.

He said officers would be checking storage conditions for fireworks and whether any which are classed as unsafe or do not comply with noise level laws were being sold.

Retailers have also been encouraged to display stickers showing they are registered firework-sellers, while a test-purchase operation in this area is also planned.

York Press: The Press - Comment

No excuse at all for graffiti here

GRAFFITI is a blight. It can make parts of even this beautiful city look run-down, neglected and unloved.

Those who insist on daubing their scribbles and tags across walls and buildings probably think they are being clever or rebellious. Some may even think what they are doing is art.

We’ve got news for them: it isn’t. All they are doing is spoiling the city for those who live here – and for those who come to visit.

The authorities have tried a number of initiatives to tackle the problem. In 2009, teenager Daniel Nicholson became the first graffiti ‘tagger’ in York to be given an Antisocial Behaviour Order.

Last year, police even went as far as offering rewards for school students who might be able to identify the people responsible for the six most prolific graffiti tags in the Micklegate area.

Now the city council is planning to run undercover ‘test purchases’ in shops around the city, to see if any are illegally selling cans of spray paint to children under 16. Such test purchases have been used successfully to crack down on sales of alcohol and cigarettes to people who are under age: so why not here?

There may be those who think that such methods are a little unfair and underhand. We don’t agree.

Graffiti is illegal and unpleasant. It affects us all – making this city a less pleasant place to live in than it should be.

We welcome any reasonable measures to get on top of the problem – including this.

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