Danish Supreme Court to rule on legality of using young decoy buyers

A Danish kiosk owner is taking his case to the Supreme Court, challenging the legality of using young decoy buyers to enforce age restrictions on sales. The owner was fined 25,000 kroner after selling a packet of snus to a 16-year-old, whom he believed was over 18 and therefore did not check their age.

“

The violation would not have happened if one had not made this provocation.

The incident occurred in 2024 on the island of Als. The decoy buyer was working for the Danish Safety Agency, an authority that uses such methods to control the sale of goods restricted to individuals over 18. Both the District Court of Sønderborg and the Western High Court upheld the fine, prompting the kiosk owner to appeal to the Supreme Court.

His defense lawyer, Allan Nejbjerg, argues that the agency's method of using minors to provoke potential lawbreakers is unlawful. He contends that the violation would not have occurred without this "provocation" and that it represents a significant breach of Danish legal certainty. Nejbjerg warned that continuing this practice could lead to greater public distrust in authorities.

“

It is a significant breach of Danish legal certainty that authorities are allowed to do this.

Conversely, the prosecution, represented by special prosecutor Jesper Holm, maintains that the use of young agents is legal and necessary for control, as other methods would be difficult. Holm argued that the decoy did not prompt a violation, as the kiosk owner could have asked for identification and refused the sale. The control was not based on specific suspicion but on a general concern about compliance within the retail sector, with 34 percent of Danish retailers reportedly not adhering to alcohol and tobacco sales regulations.

“

The young agents are there to carry out control, which would otherwise be very difficult.

The Supreme Court is set to deliver its verdict on August 28, which will determine the legality of this controversial enforcement tactic.

“

The kiosk owner had every opportunity to ask for the age and could have chosen not to sell if he had asked about the decoy buyer's age.