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Tobacco Retailers Act (Northern Ireland) 2014

Type Act of the Northern Ireland Assembly

Publication 2014-03-25

State In force

Jurisdiction Northern Ireland

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Register of tobacco retailers

1

(1) The registration authority must, in accordance with the provisions of this Act, maintain a register of persons carrying on a tobacco business (“the Register”).

(2) On the basis of information contained in the Register, the registration authority must, at all reasonable times, make available for public inspection—

(a) a list of premises at which tobacco businesses are carried on; and

(b) such other information as may be prescribed.

(3) The registration authority must make available to each council and the Department such information contained in the Register as that council or the Department may require.

(4) Information made available under subsection (3) to a council may be used by the council only for the purpose of enabling it or assisting it to perform its functions under—

(a) this Act;

(b) Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978; and

(5) In any proceedings for an offence under this Act a certificate issued by the registration authority which states that on any date a person was or was not registered in respect of any premises shall be evidence of the facts stated in it; and any such certificate which purports to be issued by the registration authority shall be taken to be so issued unless the contrary is proved.

(6) In this Act—

“registered” means entered in the Register, and “unregistered” is to be construed accordingly;

“the registration authority” means a body which is established or constituted by or under Northern Ireland legislation and is prescribed for the purposes of this Act.

Application for registration

2

(1) A person may apply to the registration authority—

(a) to be registered; or

(b) to add further premises to the person's entry in the Register.

(2) An application under subsection (1) must—

(a) state the name and address of the applicant;

(b) where it is an application under subsection (1)(a), state the address of each of the premises at which the applicant proposes to carry on a tobacco business;

(c) where it is an application under subsection (1)(b), state the address of each of the further premises at which the applicant proposes to carry on a tobacco business;

(d) be made in such form and manner as may be prescribed;

(e) contain such other information as may be prescribed.

(3) The registration authority must grant an application under subsection (1) unless—

(a) it does not comply with subsection (2);

(b) the applicant has, within the period of 5 years ending with the day on which the application is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and been sentenced for that offence to a custodial sentence (whether suspended or not); or

(i) a restricted premises order has effect in respect of any premises specified in the application; or

(ii) a restricted sale order has effect in respect of the applicant.

(4) The registration authority must give notice to the applicant of its decision within a period of 28 days beginning on the day on which the application is made.

(5) On granting an application under subsection (1)(a) the registration authority must enter the following information in the Register—

(a) the name and address of the applicant;

(b) the address of each of the premises at which the applicant proposes to carry on a tobacco business;

(6) On granting an application under subsection (1)(b) the registration authority must amend the applicant's entry in the Register so as to include—

(a) the address of each of the further premises at which the applicant proposes to carry on a tobacco business;

(b) any other information which the Department may direct the authority to include.

(7) Regulations may provide for the charging of fees in connection with making an application under subsection (1).

(8) In this section “applicant” means a person who makes an application under subsection (1).

Duty to notify certain changes

3

(1) A registered person must give the registration authority notice of—

(a) any change in the person's name or address;

(b) the fact that the person is no longer carrying on a tobacco business at an address noted in the person's entry in the Register.

(2) The notice must be given within 28 days of the date of the change to which it relates.

Changes to and removal from the Register

4

(1) The registration authority may correct the Register (following notification under section 3 or otherwise) as it considers appropriate.

(2) The registration authority must amend the Register so as to remove—

(a) references to registered premises in respect of which a restricted premises order has effect;

(b) a person's entry from the Register where that person has, within a period of 5 years ending with the day on which the removal is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and has been sentenced for that offence to a custodial sentence (whether suspended or not).

(3) The registration authority may remove a person's entry from the Register if—

(a) as a result of a correction or an amendment under subsection (1) or (2)(a), there are no premises noted in the person's entry in the Register; or

(b) it is not satisfied that the person is carrying on a tobacco business.

(4) The registration authority must reinstate a person's entry in the Register if—

(a) the entry was removed under subsection (3)(b); and

(b) the person notifies the registration authority, within the period of 28 days from the date of service on that person of the notice of the removal under subsection (5), that the person is still carrying on a tobacco business.

(5) Where the registration authority corrects, amends, removes or reinstates a person's entry in the Register under this section, it must as soon as reasonably practicable serve a notice on the person of the correction, amendment, removal or, as the case may be, reinstatement.

Persistent commission of tobacco or nicotine offences

Restricted premises orders

5

(1) This section applies where a person (“the offender”)—

(a) is given a fixed penalty notice in respect of a tobacco or nicotine offence; or

(b) is convicted of a tobacco or nicotine offence.

(2) In the following provisions of this section “the relevant offence” means the offence mentioned in subsection (1)(a) or (b).

(3) A court of summary jurisdiction may, on application made by complaint by the council in whose district the premises in relation to which the relevant offence was committed are situated, make a restricted premises order in respect of those premises (“the relevant premises”).

(4) A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco , cigarette papers or nicotine products to any person.

(5) The prohibition applies to sales of tobacco , cigarette papers or nicotine products to any person whether made—

(a) by the offender or any other person; or

(b) by means of any machine kept on the premises or any other means.

(6) The order has effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.

(7) The council making the application must, after making reasonable enquiries, give notice of the application to every person appearing to it to be a person affected by the application.

(8) The court may make the order if (and only if) it is satisfied that—

(a) the council has complied with subsection (7); and

(b) on at least 2 other occasions within the period of 5 years ending with the date on which the relevant offence was committed, the offender has been—

(i) given a fixed penalty notice in respect of a tobacco or nicotine offence in relation to the relevant premises; or

(ii) convicted of a tobacco or nicotine offence in relation to the relevant premises.

(9) Persons affected by the application may make representations to the court as to why the order should not be made.

(10) If—

(a) a person affected by an application for a restricted premises order was not given notice under subsection (7), and

(b) consequently the person had no opportunity to make representations to the court as to why the order should not be made,

that person may, by complaint, apply to the court for an order varying or discharging it.

(11) On an application under subsection (10) the court may, after hearing—

(a) that person, and

(b) the council which applied for the restricted premises order,

make such order varying or discharging the restricted premises order as it considers appropriate.

(12) While a restricted premises order has effect, the order shall be a statutory charge and shall be binding on every person who is for the time being an owner or occupier of the premises specified in the order.

(13) For the purposes of this section—

(a) a fixed penalty notice which is given to the offender in respect of a tobacco or nicotine offence is to be disregarded if it is withdrawn or if proceedings are brought against the offender for the offence to which the notice relates;

(b) the persons affected by an application for a restricted premises order in respect of any premises are—

(i) the occupier of the premises; and

(ii) any other person who has an estate in the premises.

(14) In this section and section 6 “ tobacco or nicotine offence ” means—

(a) an offence committed under Article 3 of the Health and Personal Social Services (Northern Ireland) Order 1978 on any premises (which are accordingly “the premises in relation to which the offence is committed”);

(b) an offence committed under Article 4 of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);

(c) an offence relating to tobacco committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);

(d) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);

(e) an offence committed under Article 4A of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”); ...

(f) an offence committed under section 10 in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).

(g) an offence committed under section 1 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 on any premises (which are accordingly “the premises in relation to which the offence is committed”

(h) an offence committed under section 2 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”

Restricted sale orders

6

(1) This section applies where a person (“the offender”)—

(a) is given a fixed penalty notice in respect of a tobacco or nicotine offence; or

(b) is convicted of a tobacco or nicotine offence.

(2) In the following provisions of this section “the relevant offence” means the offence mentioned in subsection (1)(a) or (b).

(3) A court of summary jurisdiction may, on application made by complaint by the council in whose district the premises in relation to which the relevant offence was committed are situated, make a restricted sale order in respect of the offender.

(4) A restricted sale order is an order prohibiting the person to whom it relates—

(a) from selling any tobacco , cigarette papers or nicotine products to any person;

(b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco , cigarette papers or nicotine products to any person;

(c) from keeping any cigarette machine on any premises for the purpose of selling tobacco or nicotine products or permitting any ... machine to be kept on any premises by any other person for that purpose; and

(d) from having any management functions in respect of any premises in so far as those functions relate to any ... machine kept on the premises for the purpose of selling tobacco or nicotine products .

(5) The order has effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.

(6) The court may make the order if (and only if) it is satisfied that, on at least 2 other occasions within the period of 5 years ending with the date on which the relevant offence was committed, the offender has been—

(a) given a fixed penalty notice in respect of a tobacco or nicotine offence; or

(b) convicted of a tobacco or nicotine offence.

(7) For the purposes of this section a fixed penalty notice which is given to the offender in respect of a tobacco or nicotine offence is to be disregarded if it is withdrawn or if proceedings are brought against the offender for the offence to which the notice relates.

(8) In this section any reference to a machine is a reference to an automatic machine for the sale of tobacco or nicotine products.

Appeal against the making of an order under section 5 or 6

7

(1) Any person aggrieved by an order made by a court of summary jurisdiction under section 5 or 6 may, within the period of 21 days from the day the order is made, appeal against the order to the county court in accordance with magistrates' courts rules.

(2) Where an order is made under section 5 or 6, the order shall not have effect—

(a) until the period mentioned in subsection (1) has expired; or

(b) if the order is the subject of an appeal, until the appeal has been determined or withdrawn.

Restricted premises orders: display of notices

8

(1) This section applies where—

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must display a notice in the relevant premises in accordance with subsection (3).

(3) The notice must—

(a) state that a restricted premises order has been made in respect of the relevant premises and the period for which the order has effect;

(b) be displayed in a prominent position in the relevant premises where it is readily visible to persons at every relevant point of sale; and

(4) A relevant point of sale is one that was used for the sale of tobacco , cigarette papers or nicotine products at any time during the period of 2 months ending with the date on which the restricted premises order was made.

(5) Regulations may specify—

(a) the dimensions of the notice to be displayed in accordance with this section;

(b) the wording of the statement to be displayed on the notice; and

Restricted premises orders: no tobacco in retail area

9

(1) This section applies where—

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must, no later than the day after the date on which the restricted premises order has effect, ensure that no tobacco , cigarette papers or nicotine products as the case may be are in the retail area of the relevant premises.

(3) Subsection (2) does not apply to tobacco , cigarette papers and nicotine products in the retail area of the relevant premises which an individual may have for his or her own use.

(4) In this section “retail area” means any part of the relevant premises used for the serving of customers or the display of goods.

Offences

10

(1) If an unregistered person carries on a tobacco business, the person commits an offence.

(2) If a registered person carries on a tobacco business at premises other than those noted in the person's entry in the Register, the person commits an offence.

(3) If a person fails, without reasonable excuse, to comply with section 3 (duty to notify certain changes), the person commits an offence.

(4) If—

(a) a person sells on any premises any tobacco , cigarette papers or nicotine products in contravention of a restricted premises order, and

(b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order,

the person commits an offence.

(5) If a person fails to comply with a restricted sale order, the person commits an offence.

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