The Trading Standards Service can provide free impartial advice to all businesses based in Luton.
Luton Borough Council
Town Hall
George Street
Luton, Bedfordshire
LU1 2BQ
Tel: 01582 54 72 62
Fax: 01582 54 72 00 Minicom: 01582 72 40 13
Email: TradingStandards@luton.gov.uk
The trading standards service aims to ensure that any retailer operating within the borough is confident that they can do so in the knowledge that they are operating in a fair, safe and equitable trading environment.
To achieve this aim we have in place a number of education and advice programmes for businesses. We enforce and advise on legislation designed to protect the consumer from dishonest traders with a view to this assisting the vast majority of reputable companies by ensuring that disreputable traders do not gain an economic advantage over legitimate businesses.
Trading standards carries out routine visits to traders, which takes into account the nature of the business, past problems and the number of complaints received, thereby targeting the problem traders where possible.
Our trading standards team investigates consumer complaints, where there might be a criminal breach, which may involve visiting a trader.
In some cases we may consider it necessary to take enforcement action as a result of problems found during a routine visit or complaint in accordance with our enforcement policy. Where possible the emphasis is placed on compliance through advice and assistance.
In many cases we find that traders are not intentionally misleading the public, but are doing so due to a lack of understanding of their legal obligations.
Luton Borough Council trading standards can help.
We are here to advise consumers and businesses. We believe that by educating and informing traders of their obligations many of the problems businesses encounter could be avoided, and traders could benefit from good business practice.
We fully support the LACORS Home Authority principle and act as the Home Authority contact for a number of businesses based in the Borough. For more details on the scheme and how it operates please click the link.
In trading standards we enforce numerous pieces of primary legislation, the most important ones being:
The Trade Descriptions Act - ensures that descriptions applied to goods or services are accurate
The Consumer Protection Act - covers the safety of goods and also is designed to ensure prices are not misleading.
The Consumer Credit Act - promotes truth in lending
The Food Safety Act - safeguards what we eat and drink (In Luton food legislation is enforced by the environmental health food team)
The Weights and Measures Act - ensures we all receive the correct quantity when buying goods
If you are thinking of starting a new business or are already running an existing one, are you confident that you meet all the legal requirements of trading legislation?
There is further advice on the contractual and legal requirements of traders below.
Are you a trader?
Various laws concerning the sale of goods govern how traders conduct their business. Some of these laws still apply to persons who are not traders but sell goods.
When does the law consider you to be a trader?
There is no hard and fast rule, but ask yourself:
Are the goods you are selling your personal property?
If not and you buy goods in specially to resell, for example from newspaper adverts or a cash and carry, you are very likely to be a trader.
Do you attend boot sales regularly - once every couple of months or more?
If so, you are likely to be a trader even if boot sales are not a major source of income.
Do you employ anyone to help you with sales?
If so, you are probably a trader.
Do you sell similar goods at other venues, e.g. markets, in the street or from home?
If so, you are almost certainly a trader.
Traders and the law
Business Names Act - If you don't trade under your own name but as eg. "anytown fruits" you must display clearly your name and address where legal documents could be sent to you.
Consumer Protection Act - Take great care that everything you sell is safe. Be particularly careful with toys, electrical goods, upholstered furniture and clothing, especially nightwear.
Where you show a price for goods, it is an offence to charge a buyer more. It is also illegal to mislead buyers in other ways about the price of goods, for example by using price comparisons or 'sale' signs when the higher price you quote in comparisons is unfair or meaningless.
Fair Trading Act - It is an offence to display any sign which tries to limit a buyer's rights. Do not use signs like 'no refunds' or 'sold as seen'. As well as being illegal, these signs do not, in fact, limit buyers' rights at all.
Price marking order - traders must show a price in writing for all goods offered for sale. This can be attached to the goods, or be placed adjacent to them.
Trade Descriptions Act - Goods must not be misdescribed. Before selling recorded or branded items such as cassettes, video films or t-shirts, satisfy yourself that they are not counterfeit because heavy penalties can be imposed on anyone who breaches copyright by selling fakes.
Video Recordings Act - All video works must be assessed by the British Board of Film Classification to determine the appropriate age classification for the film before they can legally be sold in the UK. The video must then bear the appropriate age classificationn symbol. Selling films that have not been classified or those that are inappropriately labelled can attract fines of up to £20,000 per tape or a prison sentence. The BBFC website contains details of all video works that have received a classification certificate. Click on the link You are strongly advised to take more detailed advice on the Video Recordings Act before putting video films out for sale.
Sale & Supply of Goods Act - If you sell something, whether new or second-hand, it should be of satisfactory quality and fit for its purpose. It should also be as you describe it.
If you sell something which does not meet these requirements, your customer has a right to a refund provided they reject goods promptly. S/he might agree to a replacement, but their right is to a refund, and as a trader you should be ready to honour this right. If you are selling something with defects, you can only escape your obligation to provide a refund if you point out the fault at the time of the sale. Doing this doesn't protect you from a claim if the item has further faults.
If you're not a trader
If you are a genuine 'non-trader' seller, you will be largely outside the controls of consumer law, but there are exceptions: for example, if you describe goods in any way, and that description proves to be false, you will be obliged to give a refund.
There are things you can do, however, which will help avoid problems and which we would recommend as 'good practice' during private sales.
Electrical Goods - We advise consumers to steer clear of items such as electric fires and irons at boot sales, so unless you know that the item has a reputable, recent source we would caution strongly against its sale.
Clothes - Think twice before selling nightwear. It might well not meet flammability requirements that apply to nightwear sold by traders. Children's' coats with hood-cords can also pose a hazard so beware of selling these if their source and safety is uncertain.
Toys - look toys over to make sure there are no sharp points or small parts that can be pulled off. Put the toy in a skip rather than a sale if it is in bad shape, damaged or very old. If you still have packaging, sell the toy in it.
Other danger areas - caution should be exercised in the sale of the following types of goods. All of them have their own safety standards when sold by traders and you should have them checked carefully before you even think about selling them. Prams and pushchairs. Paraffin heaters. Oil heaters.
Whether you are a regular trader or not, you should be ready to co-operate with trading standards officers who may visit boot sales at any time to carry out inspections, give advice and investigate complaints.
You may wish to visit the following websites that have a wide range of useful business advice leaflets and information.
HMSO Provides full text of Acts of Parliament from 1988, plus access to Inforoute, the Government's Information Asset Register.
Department for Environment, Food and Rural Affairs Defra works for the essentials of life - water, food, air, land, people, animals and plants.
Trading standards central A one stop shop for consumer protection information in the UK. Provides information for businesses and consumers.
HM Customs and Excise provides information and advice for the public and for businesses.
Office of Fair Trading - the OFT is designed with two purposes: to protect consumers and explain their rights; and to ensure that businesses compete and operate fairly.
Department of Trade and Industry Working with businesses, employees and consumers to drive up UK productivity and competitiveness to deliver prosperity for all.
