AN UNDERCOVER Trading Standards sting caught 17 out of 24 shops in York illegally selling aerosol spray paint to underage youngsters.

The action was part of a drive to enforce new legislation banning sales to under-16s and cut off the root supply for spray-can yobs responsible for blighting York.

The Evening Press, which has backed the Turn In A Tagger campaign to snare graffiti culprits, joined council trading standards officers and a 13-year-old volunteer for a series of city-wide "test purchase" visits.

The outlets targeted included craft and model shops, supermarkets and motor stores. They had all been informed of the new law.

But workers in 70 per cent of those shops were willing to sell canisters to two 13-year-old volunteers.

Principle trading standards officer Matt Boxall commended the handful who turned them away, but said the number of shops which made underage sales was "disappointingly high".

Warning that more test purchase visits were likely, he said the maximum penalty was a £2,500 fine.

Offenders and businesses now have an opportunity to outline any training given and steps taken to prevent underage sales.

"They can't afford to take their eye off the ball. The more we do the exercise the better the shop keepers get. It is a real deterrent."

The day's first test purchase resulted in an illegal sale when an assistant in Halfords Metro, in Feasegate, sold the underage girl a £4.99 can of black spray paint without question. Paul Wetherall, senior enforcement officer, said it was the first time many of the shops had been subject to age restrictions on their products.

The girl was turned away from Barnitts, in Colliergate and Acomb, where both stores had signs highlighting the law. Employees also declined to serve the girl at The Monk Bar Model Shop.

However, a saleswoman in W Boyes & Co, in Goodramgate, sold a £2.75 can of sparkly green auto spray paint to the underage customer.

She admitted knowing about the legislation, but said she thought the girl had looked 16.

"I can't believe I have just done that. I am usually so careful," she said.

Sergeant Richard Crinnion of York Police, who has led the Turn In A Tagger graffiti campaign, said he was not surprised some shops had broken the law because it was new legislation.

"They have to get used to it. But I hope this will spread the word."

:: The law on spray paint sales

It is a crime to sell an aerosol paint container, ie spray paint stored under pressure, to anyone under 16 - even if the person looks older.

The business owner, and the actual seller, may be prosecuted.

The maximum penalty is £2,500 per offence.

:: Advice to retailers

Identify age-restricted products and be sure about the age limits

Ensure staff are trained and reminded about the law. Keep records of training

Ensure staff are clear about handling attempted under-age purchases and are able to refuse sales

Have a clear policy such as asking for photo identification if in doubt

Consider a 'no ID, no sale' approach. Some shops ask for proof of age if a person looks younger than 21

Record when staff refuse sales

Updated: 08:52 Thursday, August 25, 2005