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Underage Sales of Tobacco Products
On 1st September 2008 The Children and Young Persons (Sale of Tobacco etc) Regulations (NI) 2008 was enacted which increased the legal age for purchasing tobacco to 18. The law is enforced by the district councils through the monitoring of premises and test purchases with underage buyers. The current penalty for selling to those under the age of 18 is a fine of up to £2,500. In a bid to further reduce the smoking prevalence amongst children under the age of 18 the Department of Health, Social Services and Public Safety is proposing to strengthen sanctions against retailers who sell tobacco products to them. Consideration has been given to the following 6 options: - 1. Do nothing Maintain the status quo whereby all retailers would be able to sell tobacco products on the basis they display the appropriate signage with regard to the legal age of sale and comply with the law. 2. Registration of retailers Require all businesses that sell tobacco products to register with a specified agency. Failure to register would incur a low level penalty. 3. Accreditation Create a voluntary scheme whereby shops that implemented agreed procedures would be ‘accredited' retailers. 4. Negative licensing system Whilst a retailer would not be required to hold a licence before commencing business the right to sell tobacco products could be suspended or withdrawn if a retailer was found to repeatedly sell or supply tobacco products to customers under the age of 18. 5. Positive licensing system Oblige retailers to apply for a licence before they are legally entitled to sell tobacco products. This system would be administered by either the courts or district councils. The eligibility of the retailer would be checked before a licence was issued and the licence would be displayed by the retailer on the premises. A comprehensive monitoring system would need to be established. 6. Combining a registration scheme with a negative licensing system Require retailers that sell tobacco products to register with a specified agency (probably the district councils) and introduce a penalty of the withdrawal or suspension of the right to sell tobacco products for those retailers who are found to repeatedly sell them to underage customers. The Department's preferred option is number 6 in relation to which it has set out a number of proposals: - (i) Where a retailer commits 3 offences within a 2 year period in relation to underage sales, the local district council may apply to the courts for a prohibition order preventing that retailer from selling tobacco products;
(ii) The prohibition order may apply to the premises or a named person or both;
(iii) The prohibition order would last for a period of up to 12 months;
(iv) A new offence of selling tobacco products under a prohibition order would be created, a breach of which would result in a large fine and/or a possible custodial sentence;
(v) A fixed penalty notice scheme would be introduced allowing environmental health officers to apply a financial penalty for an offence relating to underage sales without having to go through the courts;
The Department wishes to consult with all interested parties on these proposals and will consider views received by it by way of completed questionnaire prior to 5pm on Friday 12th March 2010. Should you wish to obtain further information or a questionnaire please go to the following link: - http://www.dhsspsni.gov.uk/showconsultations?txtid=39657 Should you have any queries in relation to this matter please feel free to contact Aleric Turtle of Carson McDowell Solicitors on 028 9024 4951 or at aleric.turtle@carson-mcdowell.com
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