Part I Prevention of Cruelty and Exposure to Moral and Physical Danger
F2Persistent sales of tobacco F5or nicotine products to persons under 18
Words in s. 12A cross-heading inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(2), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3
12ARestricted premises orders
1
This section applies where a person (“the offender”) is convicted of a tobacco F6or nicotine offence (“the relevant offence”).
2
The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).
3
A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobaccoF7, cigarette papers or nicotine product to any person.
4
The prohibition applies to sales 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.
5
The order has effect for the period specified in the order, but that period may not exceed one year.
6
The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.
7
The court may make the order if (and only if) it is satisfied that—
a
on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco F8or nicotine offences in relation to the relevant premises, and
b
the applicant has complied with subsection (6).
8
Persons affected by the application may make representations to the court as to why the order should not be made.
9
If—
a
a person affected by an application for a restricted premises order was not given notice under subsection (6), and
b
consequently the person had no opportunity to make representations to the court as to why the order should not be made,
the person may by complaint apply to the court for an order varying or discharging it.
10
On an application under subsection (9) the court may, after hearing—
a
that person, and
b
the applicant for the restricted premises order,
make such order varying or discharging the restricted premises order as it considers appropriate.
11
For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—
a
the occupier of the premises, and
b
any other person who has an interest in the premises.
12BRestricted sale orders
1
This section applies where a person (“the offender”) is convicted of a tobacco F9or nicotine offence (“the relevant offence”).
2
The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.
3
A restricted sale order is an order prohibiting the person to whom it relates—
a
from selling any tobacco F10, cigarette papers or nicotine product 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 F11, cigarette papers or nicotine products to any person,
c
4
The order has effect for the period specified in the order, but that period may not exceed one year.
5
The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco F16or nicotine offences.
6
12CEnforcement
1
If—
a
a person sells on any premises any tobaccoF19, cigarette papers or nicotine product 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.
2
If a person fails to comply with a restricted sale order, the person commits an offence.
3
It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
4
A person guilty of an offence under this section is liable, on summary conviction, to F4a fine.
5
A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
12DInterpretation
1
In sections 12A and 12B a F20 “tobacco or nicotine offence” means—
a
an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), F3. . .
b
c
an offence committed under section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 in respect of any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).F22, or
d
an offence committed under section 92 of the Children and Families Act 2014 on any premises (which are accordingly “the premises in relation to which the offence is committed”).
2
In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.
F232A
In sections 12A to 12C “nicotine product” means a nicotine product within the meaning of section 92 of the Children and Families Act 2014 the sale of which to persons aged under 18 is for the time being prohibited by regulations under subsection (1) of that section.
3
In sections 12A and 12B “notice” means notice in writing.
Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)