Public Health (Wales) Act 2017 (anaw2)

PART 3 E+W TOBACCO AND NICOTINE PRODUCTS

Prospective

CHAPTER 2 E+W RETAILERS OF TOBACCO AND NICOTINE PRODUCTS

Register of retailers of tobacco and nicotine products E+W

30 Duty to maintain register of retailers of tobacco and nicotine products E+W

(1) The registration authority must maintain a register of persons carrying on a tobacco or nicotine business at premises in Wales (“the register”).

(2) The registration authority for this purpose is a person specified as such in regulations.

(3) For the purposes of this Chapter “tobacco or nicotine business” means a business involving the sale by retail of tobacco or cigarette papers or nicotine products.

(4) Each entry in the register in respect of a person carrying on a tobacco or nicotine business in Wales must state—

(a) the person's name and address;

(b) the address of each of the premises at which a tobacco or nicotine business is carried on by that person;

(c) whether the person is selling—

(i) tobacco or cigarette papers,

(ii) nicotine products, or

(iii) any combination of those items,

at those premises;

(d) in the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, the name of each local authority in whose area the business is carried on.

(5) For the purpose of subsection (4)(a), a person's name and address is—

(a) in the case of an individual—

(i) the individual's name and, if different, the individual's trading name, and

(ii) the address of the individual's usual place of residence;

(b) in the case of a company—

(i) its name and, if different, its trading name, and

(ii) the address of its registered office;

(c) in the case of a partnership other than a limited liability partnership—

(i) the name of each partner and, if different, the partnership's trading name, and

(ii) the address of each partner's usual place of residence;

(d) in the case of a limited liability partnership—

(i) its registered name and, if different, its trading name, and

(ii) the address of its registered office.

(6) The register may include any other information that is information of a description required, by regulations under section 31(3)(b), to be included in an application for registration.

(7) For the purposes of this Chapter—

(a) a person is registered if the person's name is entered in the register, and other related expressions are to be construed accordingly;

(b) references to a person's entry in the register are to the entry relating to that person in the register.

(8) Regulations under subsection (2) may specify the Welsh Ministers as the registration authority.

(9) In the case of premises consisting of a moveable structure, a stall, a tent or a vehicle, the address to be entered in the register in accordance with subsection (4)(a) is to be treated as the address of the premises for the purpose of subsection (4)(b).