Textual Amendments
F1Ss. 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)
F2Words 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
(1)If—
(a)a person sells on any premises any tobacco[F3 or cigarette papers] [F3, 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.]
Textual Amendments
F3Words in s. 12C(1)(a) 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(5), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3