Part 1Tobacco products etc.
Chapter 2Register of tobacco retailers
Tobacco retailing banning orders
15Tobacco retailing banning orders
(1)
A council may apply to the sheriff for an order banning a person from carrying on a tobacco F1or nicotine vapour product business from premises within the council's area.
(2)
An application under subsection (1) must specify the premises from which the person is to be banned from carrying on a tobacco F2or nicotine vapour product business.
(3)
The sheriff may make an order banning the person from carrying on a tobacco F3or nicotine vapour product business at the premises specified in the order if satisfied, on the balance of probabilities, that—
(a)
(b)
at least one of the actions occurred in the period of 2 months ending on the date the application was made,
(c)
the conduct to which the actions relate took place within a period of 2 years, and
(d)
the making of the order is necessary to prevent the commission of F5further offences under Chapter 1 or 2.
(4)
A F6person is the subject of a relevant enforcement action if the person F6relevant enforcement action occurs where a person mentioned in subsection (4A) is—
(a)
issued with a fixed penalty notice (which is not subsequently withdrawn), F7or
(b)
convicted of an offence under Chapter 1 or 2F8, or
(c)
convicted of an offence under section 92(1)(b) or (c) of the Trade Marks Act 1994 (unauthorised use of trade mark in relation to goods) in circumstances where the goods in question are, or include, tobacco products, smoking related products or nicotine vapour products.
F9(4A)
The persons are—
(a)
the person who is the subject of the application,
(b)
an employee or agent of that person.
(5)
An order made under this section has effect for the period (not exceeding 24 months) specified in the order beginning with the day the order is granted.