Part I E+W Prevention of Cruelty and Exposure to Moral and Physical Danger

[F1 Persistent sales of tobacco [F2 or nicotine products] to persons under 18 E+W

Textual Amendments

F1 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)

F2 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

12A Restricted premises orders E+W

(1) This section applies where a person (“the offender”) is convicted of a tobacco [F3 or 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 tobacco[F4 , 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 [F5 or 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.]

Textual Amendments

F3 Words in s. 12A(1) 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(3)(a), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F4 Words in s. 12A(3) substituted (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(3)(b), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

F5 Words in s. 12A(7)(a) 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(3)(c), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3