Retailers could face a fine or even prison by selling tobacco at a price that is inconsistent with their tobacco price lists.

The pricing offence comes under the Consumer Protection from Unfair Trading Regulations 2008 and the maximum penalty is an unlimited fine or two years in prison.

In the run up to the living wage increasing, it is crucial that retailers ensure they are not getting fined needlessly

John Cassin, senior compliance advisor for Under Age Sales, said the company is not aware of any cases in relation to pricing tobacco, but trading standards could legally pursue this.

“In the run up to the living wage increasing, it is crucial that retailers ensure they are not getting fined needlessly,” he added.

Pricing lists are just one area where convenience stores can be caught out by tobacco legislation. Last month, Retail Express reported that a Tesco store was fined £500 for displaying tobacco to an under age customer.

Retailers can ensure their staff are fully trained with a BTEC Level 2 Specialist Qualification in preventing under age sales from £40 plus VAT, available from the Under Age Sales website.