# Tobacco Retailers Act (Northern Ireland) 2014

        - Previous
        - Next

N.I.

# Tobacco Retailers Act (Northern Ireland) 2014

# 2014 CHAPTER 4

An Act to make provision for a register of tobacco retailers; to make provision for dealing with the persistent commission                        of tobacco offences; to amend the Health and Personal Social Services (Northern Ireland) Order 1978; to confer additional                        powers of enforcement in relation to offences under that Order and the Children and Young Persons (Protection from Tobacco)                        (Northern Ireland) Order 1991; and for connected purposes.                     

[25th March 2014]

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

## Register of tobacco retailersN.I.

### Duty to notify certain changesN.I.

### Changes to and removal from the RegisterN.I.

## Persistent commission of tobacco offencesN.I.

### Restricted premises ordersN.I.

### Restricted sale ordersN.I.

### Appeal against the making of an order under section 5 or 6N.I.

### Restricted premises orders: no tobacco in retail areaN.I.

## OffencesN.I.

### OffencesN.I.

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 or cigarette papers 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.

(6) It is a defence for a person charged with an offence under subsection (5) to prove that the person took all reasonable precautions                     and exercised all due diligence to avoid the commission of the offence.                  

(7) If a person fails, without reasonable excuse, to comply with section 8(2), the person commits an offence.

(8) If a person fails, without reasonable excuse, to comply with section 9(2), the person commits an offence.

(9) A person guilty of an offence under—

(a)subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale;                  

(b)subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale;                  

(c)subsection (4) or (5) is liable on summary conviction to a fine not exceeding £20,000;                  

(d)subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;                  

(e)subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.                  

## Enforcement powers, etc.N.I.

### Powers of entryN.I.

### Withdrawal of fixed penalty noticesN.I.

### Obstruction, etc. of authorised officersN.I.

### Council's duty to share information about enforcementN.I.

### Offences by bodies corporateN.I.

## SupplementaryN.I.

### Amendment of the Order of 1978N.I.

### Statutory chargesN.I.

### Vehicles, vessels, etc.N.I.

## GeneralN.I.

### InterpretationN.I.

22—(1) In this Act—                  

“authorised officer”, in relation to a council, means any person (whether or not an officer of the council) who is authorised by it in writing,                     either generally or specifically, to act in matters arising under this Act;                  

“cigarettes” has the same meaning as in Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978;                  

“clerk of the council”, in relation to a council, means the clerk appointed in accordance with section 41 of the Local Government Act (Northern                     Ireland) 1972;                  

“council” means a district council;                  

“the Department” means the Department of Health, Social Services and Public Safety;                  

“notice” means notice in writing;                  

“premises” includes any place and any vehicle, vessel, stall or moveable structure;                  

“prescribed” means prescribed by regulations;                  

“the Register” has the meaning given in section 1(1);                  

“registered”, “unregistered” and “the registration authority” have the meanings given in section 1(6);                  

“regulations” means regulations made by the Department;                  

“restricted premises order” means an order made under section 5;                  

“restricted sale order” means an order made under section 6;                  

“tobacco” has the same meaning as in Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978;                  

“tobacco business” means a business involving the sale of tobacco or cigarette papers by retail.                  

(2) In its application to this Act, the Interpretation Act (Northern Ireland) 1954 has effect as if in section 24(1) (notice by                     post) the word “registering” were omitted.                  

### Transitional provisionN.I.

23—(1) Section 5 does not apply where any of the offences mentioned in that section were committed before the commencement of that                     section.                  

(2) Section 6 does not apply where any of the offences mentioned in that section were committed before the commencement of that                     section.                  

(3) Paragraph (b) of section 2(3) does not apply in relation to an offence mentioned in that paragraph which is committed before                     the commencement of that paragraph.                  

(4) Paragraph (b) of section 4(2) does not apply in relation to an offence mentioned in that paragraph which is committed before                     the commencement of that paragraph.                  

(5) Section 11 does not apply in relation to an offence mentioned in section 11(1)(a) which is committed before the commencement                     of that section.                  

(6) Section 12 does not apply in relation to an offence mentioned in section 12(1) which is committed before the commencement                     of that section.                  

(7) Subsection (2) of section 18 does not apply in relation to an offence which is committed before the commencement of that subsection.

### Regulations and ordersN.I.

24—(1) Except as provided by subsection (2), regulations under this Act shall be subject to negative resolution.                  

(2) No regulations shall be made under section 2(7), 12(8), 20 or 21(4) or (5) unless a draft of the regulations has been laid                     before, and approved by a resolution of, the Assembly.                  

(3) Regulations and orders made by the Department under this Act may contain such incidental, supplementary, transitional, transitory                     and savings provisions as appear to the Department to be necessary or expedient.                  

### CommencementN.I.

25—(1) This section and sections 22, 24 and 26 come into operation on the day after the day on which this Act receives Royal Assent.                  

(2) The other provisions of this Act come into operation on such day or days as the Department may by order appoint.

### Short titleN.I.

26  This Act may be cited as the Tobacco Retailers Act (Northern Ireland) 2014.