Tobacco and Primary Medical Services (Scotland) Act 2010

15 Tobacco retailing banning orders

(1) A council may apply to the sheriff for an order banning a person from carrying on a tobacco business from premises within the council’s area.

(2) An application under subsection (1) must specify the premises from which the person is to be banned from carrying on a tobacco business.

(3) The sheriff may make an order banning the person from carrying on a tobacco business at the premises specified in the order if satisfied, on the balance of probabilities, that—

(a) the person has been the subject of 3 or more relevant enforcement actions in respect of each premises specified in the order,

(b) at least one of the actions occurred in the period of 2 months ending on the date the application was made,

(c) the conduct to which the actions relate took place within a period of 2 years, and

(d) the making of the order is necessary to prevent the commission of further offences under Chapter 1 or 2.

(4) A person is the subject of a relevant enforcement action if the person is—

(a) issued with a fixed penalty notice (which is not subsequently withdrawn), or

(b) convicted of an offence under Chapter 1 or 2.

(5) An order made under this section has effect for the period (not exceeding 24 months) specified in the order beginning with the day the order is granted.

(6) In this Part, an order made under this section is referred to as a “tobacco retailing banning order”.