Part I Prevention of Cruelty and Exposure to Moral and Physical Danger

F1Persistent sales of tobacco F2or nicotine products to persons under 18

Annotations:
Amendments (Textual)
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

12CEnforcement

1

If—

a

a person sells on any premises any tobaccoF3 or cigarette papersF3, 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 a fine not exceeding £20,000.

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.