What happens if retailers don’t comply with the sanction?
What can retailers do to prevent a sanction being imposed on their business?
The purpose of this site is to provide retailers with the information on the new tobacco licensing laws that have recently come into force on 1st April 2009. These laws set out to tackle the persistent illegal sale of tobacco products to young people under the age of 18 years. Where a person is convicted of a making an illegal sale to anyone under the age of 18 years and, on at least two other occasions within a 2 year period, has committed other similar offences (these do not need to have resulted in a conviction) a sanction may be applied for.
- Increased sanctions for illegal tobacco sales to those under the age of 18 years from
1st April 2009.
- The new sanctions can be imposed in addition to the penalties that already exist i.e. a fine of up to £2,500.
- A Local Authority may apply to a Magistrates Court for a Restricted Premises Order or a Restricted Sale Order or both:
- Restricted Premises Order: The retail premises is prohibited from selling tobacco products for a period of up to 12 months – no sales of tobacco or papers may take place from that premises.
- Restricted Sale Order: A named person is prohibited from selling tobacco or managing premises in relation to the sale of tobacco products for a period of up to 12 months – the business may still sell tobacco but the individual may not.
- Where a person is convicted of a making an illegal sale to anyone under the age of 18 years and, on at least two other occasions within a 2 year period, has committed other similar offences (these do not need to have resulted in a conviction) a sanction may be applied for.
What happens if retailers don’t comply with the sanction?
- If an individual or a business is subject to a restricted sales/premises order, and tobacco or cigarette papers are sold (to anyone), the maximum penalty for this is a fine of £20,000.
What can retailers do to prevent a sanction being imposed on their business?
- Maintain a proof-of-age policy (e.g. the “No ID No Sale” campaign).
- Always ask to see valid photo proof of age
(e.g. PASS accredited proof of age cards such as CitizenCard).
- Keep a refusals or incident log (e.g. the “No ID No Sale” refusals register).
- Train staff on all of the above.
