Morten has been fined 25,000 for selling to a minor control buyer, but the case is not yet over.

Sale to underage control shopper results in fine for store owner, but case not yet over

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Morten is fined 25,000 for sale to underage control shopper, but the case is not over yet

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Trade association considers it a principle case.

The fine for store owner Morten Dreier is 25,000 kroner, as the case took place in 2024. On January 1 of this year, the fine for illegal sale to minors increased to 50,000 kroner, regardless of whether it is alcohol or nicotine (Photo: © Private photo) 14 minutes ago

Store owner Morten Dreier from Augustenborg is in the middle of a surprising case, which first went to the district court, then to the appeals court, and which he now wants to take to the Supreme Court.

He was fined 25,000 kroner for selling nicotine products to a control shopper under the age of 16.

Earlier this year, the district court ruled against Morten Dreier, and yesterday the appeals court confirmed that Morten Dreier must pay the fine.

The control shopper was sent by the Safety Authority to test whether stores comply with rules regarding ID checks.

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> Of course, one should not sell to openly underage minors. But when the rule says that one should ask when one is in doubt, I think it is a very large penalty

> Morten Dreier, store owner

According to Morten Dreier, the fine means that he cannot pay his own salary for half a month.

The case began in the summer of 2024 in Augustenborg, where Morten Dreier is a store owner and himself handles customer service. Here, he was approached by a minor control shopper, who managed to buy nicotine products without showing ID.

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'I am not in doubt about the age'

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Morten Dreier acknowledges that the rules are in place to protect young people, but he finds the sentence too harsh.

He asked for ID, because he was sure that the customer was old enough.

- Of course, one should not sell to openly underage minors. But when the rule says that one should ask when one is in doubt, I think it is a very large penalty, he says.

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> We have already seen that young employees in stores quit because they are afraid of being exposed to a control shopper

> Jesper Lundberg, chairman of the National Association of Convenience Stores

The Safety Authority often uses minor control shoppers throughout the country to emphasize how important it is for stores to comply with rules regarding ID checks.

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2,100 control visits

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The order came into effect on July 1, 2024, and by August of this year, the Safety Authority had carried out approximately 2,100 control visits in, for example, supermarkets, kiosks, and general stores. The Authority has found violations in 34 percent of the controls.

Source: Safety Authority

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Trade association supports

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Morten Dreier now, in cooperation with the National Association of Convenience Stores, wants to try to take the case to the Supreme Court.

According to Jesper Lundberg, who is chairman of the National Association of Convenience Stores, it is necessary to continue the case, as the methods used by the Safety Authority have consequences throughout the stores, he says.

- We have already seen that young employees in stores quit because they are afraid of being exposed to a control shopper. And we see owners and employees going to work with a bad feeling in their stomach, he says.

The chairman criticizes the method itself.

- They set up some situations that would not have occurred in reality. The control shopper would not have bought nicotine or alcohol, if they were not on duty, he says.

And exactly that experiences Morten Dreier as well. He believes that there is too much responsibility on the shoulders of the stores.

- I hope that the case can create debate among legislators and the industry. I still think that the situation is set up under unreasonable conditions, he says.

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> This is the first case of its kind, and we have therefore a clear expectation that we will be allowed to bring it to the Supreme Court

> Jesper Lundberg, chairman of the National Association of Convenience Stores

To bring a case to the Supreme Court, it requires exactly that the case is principle.

And that is what Jesper Lundberg believes it is.

- This is the first case of its kind, and we have therefore a clear expectation that we will be allowed to bring it to the Supreme Court, he says.

DR has tried to get a comment from the Safety Authority, which instead refers to the Interior and Health Minister Sophie Løhde (V).

In a response, the minister writes that she can understand that it can be uncomfortable for store employees to receive visits from control shoppers from the Safety Authority.

She also writes:

- When it has been necessary to tighten the rules in this area, it is because it has been too easy for minors to buy age-restricted products in stores for more than 20 years. This has also been almost impossible for authorities to control the illegal sale.

The Safety Authority's ability to control stores through control shoppers is a trial order, which is currently running until the next summer.

According to the minister, it is hoped that the order will make it harder for minors to buy nicotine products and alcohol in stores.

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