Explanatory Memorandum

Tobacco Retailers Act (Northern Ireland) 2014

2014 CHAPTER 4

25 March 2014

Commentary on Sections

Section 5: Restricted premises orders

Provides that a court can, following an application by a council, make a restricted premises order banning the sale of tobacco on premises if three or more relevant offences (as defined in subsection (2)) have been committed in relation to those premises by a person within a five-year period.  A restricted premises order has effect for a minimum period of 28 days and a maximum period of three years.  This section requires that a council must give notice of the application to every person affected by it.  It provides that persons affected by the application for a restricted premises order may make representation to the court and set out the circumstances under which the court may vary or discharge the order.  While a restricted premises order has effect, it is a statutory charge.  “Tobacco offence” is defined in this section.