What does this mean for retailers in Scotland?
What information will I have to provide?
What happens if I don’t comply?
Tobacco retailing banning orders
What can retailers do to prevent a sanction being imposed on their business
Is it an offence for some under the age of 18 to purchase tobacco products?
What powers do enforcement agencies have?
Do I have to display a sign stating the legal age restriction for tobacco products?
Under the Tobacco and Primary Medical Services (Scotland) Act 2010, ‘The Sale of Tobacco (Register of Tobacco Retailers) Regulations 2010 comes into force on 1 April 2011.
What does this mean for retailers in Scotland?
If you sell tobacco products by retail, from 1 April 2011 you will have to register/enrol on the Tobacco Register.
If you do not register by 1 October 2011 and you continue to sell tobacco products you will be committing an offence.
The national register is available from 1 April 2011. Retailers will have until 1 October 2011 to complete the registration process.
Currently registration is free and retailers will be able to complete on line. The site will be available from 1st April 2011 at www.tobaccoregisterscotland.org
What information will I have to provide?
You will have to provide all the information required including: your name and address; the addresses of all premises in which you sell tobacco (if more than one); and, whether the selling area of those shops is over 280 square metres in size. You must notify any changes to your registration to the relevant authority.
What happens if I don’t comply?
From 1 April 2011 (or October 2011 for non-registration) you may be given a fixed penalty or prosecuted for breaking the law.
| Fixed Penalty Notices & Convictions | ||
| Offence | Fixed penalty | Penalty on Prosecution |
| From 1 April 2011 – sale of tobacco product or cigarette papers to person under 18 | £200 (discounted for prompt payment) |
Up to £2,500 fine |
| From 1 October 2011 - failure to notify a change of detail to your registration | £200
(discounted for prompt payment) |
Up to £500 fine |
| From 1 October 2011 - failure to display retailing banning order notice | £200
(discounted for prompt payment) |
Up to £1,000 fine |
| From 1 October 2011 – - carrying on a tobacco business whilst unregistered - carrying on a tobacco business from a premises for which that person is not registered - breaching a tobacco retailing banning order |
£200
(discounted for prompt payment) |
Up to £20,000 fine or 6 months imprisonment |
A fixed penalty is like an on the spot fine. You can be fined up to £200 (discounted for prompt payment). If you pay the fixed penalty you cannot be prosecuted for that offence.
Tobacco retailing banning orders
From 1 October 2011, you may be banned from selling tobacco products if you have had 3 Fixed Penalty Notices or prosecutions over a 2 year period
The Banning Order can last up to 2 years.
If you are banned, a different order may also be made to prevent you being connected to, or controlling someone else, who is selling tobacco from your shop.
What can retailers do to prevent a sanction being imposed on their business?
- Maintain a robust proof-of-age-policy (e.g. the No ID No Sale campaign)
- Always ask to see valid photo proof-of-age (e.g. Passport, driving licence or PASS accredited proof-of-age cards such as Young Scot/CitizenCard)
- Keep a refusals or incident log (e.g. the No ID No Sale refusals register)
- Train staff on all of the above. Remember ongoing training in the sale of age restricted products is crucial. As a retailer you are only as strong as your weakest member of staff or their weakest moment.
A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18.
It is the person buying or attempting to buy the product who is guilty of the offence. From 1st April 2011 this becomes an offence in Scotland.
Is it an offence for someone under the age of 18 to purchase tobacco products?
From 1st April 2011 this becomes an offence in Scotland
| Fixed Penalty Notices & Convictions |
| Offence | Fixed penalty | Penalty on Prosecution |
| From 1 April 2011 – purchase of tobacco by a person under 18 | £50 (discounted for prompt payment) | Up to £200 fine |
| From 1 April 2011 - proxy purchase of tobacco on behalf of person under 18 | £200 (discounted for prompt payment) | Up to £5,000 fine |
What powers do the enforcement agencies have?
The Police and or Trading Standards officers have the power to enter the retailer’s business premises for the purposes of investigating or enforcing the law.
Do I have to display a sign stating the legal age restriction for tobacco products?
Retailers must display a notice in their shop or store where they sell tobacco products stating ‘It is illegal to sell tobacco products to anyone under the age of 18’. The notice must be displayed in a prominent position in your premises so it is visible to customers at the point of sale of tobacco products.
- the sign must be printed at least A3 in size (420mm x 297mm) and have characters at least 36mm high
