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Public Health (Wales) Act 2017

Section 49 - Fixed penalty notices

81.This section provides details about when an authorised officer can issue a fixed penalty notice (FPN) in respect of an offence associated with the register. A fixed penalty can be issued for the following offences:-

  • A registered person carrying on a tobacco or nicotine business in premises other than those noted in the person’s entry on the register;

  • A registered person carrying on a tobacco or nicotine business at premises consisting of a moveable structure, such as a stall or vehicle, in a local authority area other than the ones noted in the person’s entry on the register; and

  • A registered person failing to comply with section 33 (duty to give notice of certain changes).

82.FPNs may be issued to a person, partnership or an unincorporated association. Payment of the FPN discharges the person believed to have committed an offence from being convicted for the offence in court. The section also refers to Schedule 1 on fixed penalties (for commentary on this, see Schedule 1 below).

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