Proof of Age Card Terms & Conditions
The Terms and Conditions set out below are important and affect. Your rights as a customer of Blackpool Council Proof of Age Card (To be referred henceforth as BCPOA Card)
We draw Your attention in particular to the fact that Your purchase is of our Application Processing and Validation Service. If you complete the Application process successfully we will issue you with a BCPOA Card, subject to conditions of use, which remains at all times Our legal property.
You must read these Terms and Conditions carefully before applying for a BCPOA Card. If You have any queries You should email tradingstandards@blackpool.gov.uk
- Contractual Agreement
- Definitions
- Eligibility to apply for a BCPOA Card
- Protection of Data
- Applicant's obligations
- Verifier's obligations
- Payment
- Photographs
- use of the Card
- Variation of these Terms and Conditions
- Limitation of Liability
- Customer Service
- Governing Law
1. CONTRACTUAL AGREEMENT These Terms and Conditions set out the contractual relationship between Us and You.
2. DEFINITIONS In these Terms and Conditions, unless the context requires otherwise: “Applicant” means a person applying for a BCPOA Card to be issued in their name and for their use. “Application” means the application made by the Applicant for a BCPOA Card. “Card” means a BCPOA Card Proof of Age Card. “Data” means data personal to an Applicant or data personal to a Verifier. “Fraud” includes any fraud, dishonesty and deceit and in particular includes but is not limited to:
- knowingly supplying incorrect information to Us;
- knowingly enabling a Verifier to supply incorrect information to Us;
- purporting to act as the Applicant or Verifier;
“Lawful Holder” means the person to whom the Card is issued, in other words the successful Applicant. “Loss” means losses, costs, damages, injuries, accidents or claims (whether direct or indirect) suffered by You in connection with Your Application and/or the Card issued to You. “Misconduct” includes:
- failure to comply with these Terms and Conditions;
- attempting to obtain a BCPOA Card by fraud;
- misusing a BCPOA Card;
- misconduct in dealing with our Staff;
“PASS” means the Proof of Age Standards Scheme that is endorsed by the government, police and trading standards. www.pass-scheme.org.uk “Terms and Conditions” means these terms and conditions as amended from time to time; “We/Us/Our” means Blackpool Council Enforcement and Quality Standards, the operator of the BCPOA Card and POA Card Scheme “You/Your” means the Applicant. “Verifier” means the person who has verified Your Application and who has countersigned Your Application, Your photograph and, if required, a copy of Your original ID. “Territory” means the United Kingdom of Great Britain and Northern Ireland, the Republic of Ireland, the Channel Islands and the Isle of Man.
3. ELIGIBILITY TO APPLY FOR A BCPOA CARD 3.1 Any person aged between sixteen (16) and twenty-five (25) ordinarily resident within the Territory is eligible to apply for a BCPOA Card.
3.2 A person below the age of sixteen (16) and anyone after the date of their 25
th (twenty-fifth) birthday are not eligible for a card.
3.3 Applicants can apply for a BCPOA Card by completing a printed application form available from: Blackpool Council Enforcement & Quality Standards,
Progress House, Clifton Road FY4 4US;
tel: 01253 478375
Mon-Thur: 09:00 – 17:00
Fri: 09:00 – 16:30
Customer First Centre, Corporation Street FY1 1NF;
tel: 01253 477477
Mon-Thur: 09:00 - 16:30
Fri 09:00 - 16:00
Alternatively, application forms are available from other Blackpool Council Offices, and some local retailers, or via the internet at:
www.blackpool.gov.uk/proofofagecard 3.4 Applications for a BCPOA Card must be completed in full and must be countersigned by a Verifier.
3.5 We undertake checks of the information supplied on an Application form in compliance with standards set by PASS and will
not issue a Card unless all requirements have been met.
3.6 If it is not possible to complete an Application process successfully, a BCPOA Card will not be issued. In this circumstance a refund of the cost of the Application Process and Validation Service will not be given.
3.7 If Your Application is successful we will issue a Card. By accepting the Card you agree to be bound by the Terms and Conditions as amended from time to time and the information on the website. This is in addition to Your acceptance of Terms and Conditions on Application.
3.8 No more than three (3) cards will be issued to the applicant in a calendar year
4. PROTECTION OF DATA 4.1 Blackpool Council is registered as a Data Processor (Reg.No. Z5720508) under the Data Protection Act 1998.
4.2 The Data which is processed by Us in connection with an Application include:
- Personal Data supplied by the Applicant such as name, signature, date of birth, home address and other contact details;
- Personal Data supplied by the Verifier such as name, signature, occupation, work address and other contact details;
4.3 The purposes for which Data may be processed by Us include:
- Validating Your personal details;
- Validating the Verifier's personal details;
- Maintaining a paper or digital audit trail for PASS compliance purposes;
- Reissuing a Card if Your original Card is lost or stolen, or for the purpose of issuing a renewal card;
- Accounting and audit, safety and security, fraud prevention and systems testing, development and maintenance;
4.4 Blackpool Council will not share the information given by you to any third party.
5. APPLICANT'S OBLIGATIONS 5.1 The Applicant must consent on the Application Form that he or she acknowledges that payment to Blackpool Council covers the cost of the Card Application Processing and Validation Service. The Applicant is not paying for the Card which at all times remains the legal property of Blackpool Council.
5.2 The Applicant must consent on the Application Form that he or she acknowledges that providing false information is a criminal offence under the terms of the Fraud Act 2006. Provision of false information includes falsifying any of the Applicant's or Verifier's personal details, signatures and/or countersignatures of the Applicant Photo and/or Application Form and/or copy of the Applicant's original ID.
5.3 Falsifying original ID, for example using software to doctor a government-issued document such as an original or certified copy of a birth certificate, passport or any other government-issued ID is a serious criminal offence. Blackpool Council reserve the right to refer evidence of such to the police.
5.4 The Applicant must complete all parts of the Application Form correctly, complying fully with the requirements set out, including provision of a countersigned Application, countersigned photograph, if applicable countersigned ID, together with the correct payment. All the tickboxes within the Applicant Declaration must be ticked if the Application is to be successful.
5.5 The Applicant must take the Application form, together with one (1) photograph and if appropriate a copy of their original ID together with the original ID to a person qualified, able and willing to act, as a Verifier.
6. VERIFIER'S OBLIGATIONS 6.1 A person should only act as a Verifier if they are aged 25 or older, in work, able
and willing to be contacted at their workplace by landline telephone and they cannot be retired, self employed or work from home. They cannot be a relative, legal guardian or carer of the Applicant.
6.2 If the Verifier supporting a Route 1 Application process does not know the Applicant personally, they must countersign a photocopy of the Applicant’s original photographic ID: either a passport or driving licence or national identity Card or Card bearing the PASS hologram (such as Citizencard or Validate).
6.3 If the Verifier supporting a Route 1 Application does know the applicant personally, and has done so for at least six (6) months, they can countersign a photocopy of the Applicant’s original non-photographic ID instead: either a birth certificate, certified copy of a birth certificate, national insurance Card or NHS medical Card.
6.4 The Verifier must complete all parts of the Verifier Declaration correctly, complying fully with the requirements set out, including countersigning the Application form, countersigning the photograph of the Applicant and if a Route 1 application process countersigning a photocopy of the original ID.
6.5 The Verifier must be able and willing to tick all the tickboxes for either Route 1 or Route 2 in the Verifier Declaration. In particular, the Verifier must consent that he or she acknowledges that providing false information is a criminal offence under the terms of the Fraud Act 2006.
6.6 Provision of false information includes falsifying any of the information supplied within the Verifier Declaration, knowingly countersigning a photocopy of fake or forged ID, knowingly countersigning the reverse of an Applicant’s photograph as a true likeness when this is not so, knowingly certifying that the Applicant’s details on the Application form match the Verifier’s organisation’s official records when this is not so, or knowingly certifying that the Applicant is the person to whom the records pertain when this is not so.
6.7 A Verifier can only support a ‘Route 1’ application (countersigning a photocopy of the Applicant’s original ID) if they are in a permitted Route 1 occupation; A verifier should be a professional person or a person of good standard in the community - such as the following:
- Accountant
- Airline Pilot
- Articled Clerk of a Limited Company
- Assurance agent of a recognised company
- Bank/Building Society official
- Barrister
- British Computer Society(BCS) - Professional Grades are Associate (AMBCS), Member (MBS), Fellow (FBCS) (PN 25/2003)
- Broker
- Chairman/Director of a limited company
- Chemist
- Chiropodist
- Christian Science Practioner
- Commissioner of Oaths
- Councillor: local or county
- Civil Servant (permanent)
- Dentist
- Designated Premises Supervisor
- Director/Manager of a VAT registered Charity
- Director/Manager/Personnel Officer of a VAT registered company
- Doctor
- Engineer (with professional qualifications)
- Financial Services Intermediary (e.g. stockbroker or insurance broker)
- Fire Service Official
- Funeral Director
- Insurance Agent (full time) of a recognised company
- Journalist
- Justice of the Peace
- Legal Secretary
- Local Government Officer
- Manager/Personnel Officer (of a limited company)
- Member of Parliament
- Merchant Navy Officer
- Minister of a recognised religion
- Nurse (RGN and RMN)
- Officer of the Armed Services (active or retired)
- Optician
- Person with Honours (eg. OBE MBE etc.)
- Personal Licensee Holder
- Photographer (professional)
- Police Officer
- Post Office Official
- President / secretary of a recognised organisation
- Prison / Probation Officer
- Salvation Army Officer
- Social Worker
- Solicitor
- Surveyor
- Teacher, Lecturer
- Trade Union Officer
- Travel Agent (qualified)
- Valuers and auctioneers (fellow and associate members of the incorporated society)
- Warrant Officers and Chief Petty Officers
6.8 A verifier can only support a ‘Route 2’ verification by certifying that an Applicant’s details supplied on the Application Form match the Applicant’s details held on the Verifier’s organisation’s official records (and that the Applicant is the person to whom the records pertain).
6.9 A Route 2 Verifier must be one of the following:
- The Applicant’s Teacher/Tutor/Head of Year/Administrator at their School/College/University;
- The Applicant’s Doctor/Dentist/Certified Solicitor/Accountant/Social Worker/Prison Officer/Probation Officer;
- Or a Bank/Building Society staff member at the Applicant’s branch.
6.10 If the Verifier is determined to be a person not qualifying to act as such the Application will be rejected. 6.11 If the Verifier cannot be contacted by landline telephone at their workplace during normal office hours the application will be rejected. 6.12 If the Verifier is contacted but is unable or unwilling to confirm the information supplied in the Application Form the application will be rejected.
7. PAYMENT 7.1 The cost of the application process is £10 (including VAT at the prevailing rate).
7.2 The applicant is responsible for making payment in full at the time of applying. Payment covers the cost of the Application Processing and Validation Service, not the Card itself which if issued remains at all times the legal property of Blackpool Council.
7.3 If full payment in cash is not received the application will not be processed.
7.4 If an application fails for any reason and a Card is not issued, payment will not be refunded under any circumstances. We will work with You to remedy outstanding problems with Your Application but if excessive work is required to remedy an Application We reserve the right to impose an additional fee of £5 (including VAT at the prevailing rate).
8. PHOTOGRAPHS 8.1 The Applicant must supply one (1) passport quality colour photograph, countersigned by the Verifier.
8.2 The photograph must be an image of the Applicant’s head and shoulders. The background must be white and the Applicant’s face must be completely visible. Sunglasses and headwear cannot be worn other than for religious or medical reasons.
8.3 The Applicant’s face must display a neutral expression devoid of a smile or grimace.
8.4 The photograph must be countersigned by the Verifier.
8.5 The countersigned photograph must not be stuck or glued to the form. 8.6 Applications received without the photograph enclosed in the format required will be rejected.
9. USE OF CARD 9.1 Although We may issue You with a Card it remains at all times Our legal property. It may only be used by the lawful holder of the Card who is the Applicant. The Card may not be lent, sold or given to any other person under any circumstances.
9.2 The Card may only be used, by the lawful holder, for the purpose of proving identity or age in order to access goods or services where the provider of such goods or services requires evidence of the customer’s identity and/or age.
9.3 The Card contains a PASS hologram which means that it is endorsed as a valid form of ID and proof of age by the government, police and trading standards. All national retail trade associations (together representing most of the shops, supermarkets, pubs and clubs in the UK) and most domestic UK airlines recognise the Card as valid ID and proof of age. However, no guarantee can be given that a particular premise, or individual working at that premise, will acknowledge and/or accept the Card as valid ID or proof of age.
9.4 The Council is in no way liable for non-acceptance of a Card under any circumstances. A lawful holder of a Card must therefore satisfy themselves that a premise at which they intend to use their Card will acknowledge and accept the Card as valid ID and proof of age.
9.5 If a lawful holder experiences a Card refusal at a particular premise this can be reported to Blackpool Council via:
tradingstandards@blackpool.gov.uk or by completing the
Blackpool Council PASS Card refusal form.
9.6 Under no circumstances will Blackpool Council entertain requests for refunded payments in instances where a Card is refused. Payments to BCPOA Card are made to cover the cost of the Application Processing and Validation Service, not for the Card itself which remains at all times the legal property of Blackpool Council.
10. VARIATION OF THESE TERMS AND CONDITIONS We reserve the right at all times to make changes to these Terms and Conditions from time to time. Applicants, Verifiers or Lawful Holders who do not accept the amendments may return the Card to us, for secure disposal.
11. LIMITATION OF LIABILITY 11.1 We will not be liable for any Loss resulting from the failure of an Application to result in a Card being issued.
11.2 We will not be liable for any Loss if, by reason of local or regulatory prohibitions or restrictions, We are unable to process an Application or issue a Card.
11.3 Our liability for negligence, breach of contract, or any other matter is limited to reimbursing the cost of the Application Processing and Validation Service.
12. CUSTOMER SERVICE If you have queries about these Terms and Conditions, or any other matter related to BCPOA Card, or wish to complain, please email
tradingstandards@blackpool.gov.uk or write to:
Proof of Age Card Enquiries Blackpool Council Enforcement & Quality Standards, Progress House, Clifton Road Blackpool FY4 4US; tel: 01253 478375
Alternatively, complete the complaints form below.
13. GOVERNING LAW 13.1 These Terms and Conditions shall be governed by and construed in accordance with English law. We and You submit to the exclusive jurisdiction of the English courts to resolve any disputes that may arise out of them.
13.2 Any provision of these Terms and Conditions declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and shall not affect the other provisions remaining which shall continue unaffected.
Updated 18
th November 2010
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