15[F1Tobacco and nicotine vapour product banning orders]S
(1)A council may apply to the sheriff for an order banning a person from carrying on a tobacco [F2or 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 [F3or nicotine vapour product] business.
(3)The sheriff may make an order banning the person from carrying on a tobacco [F4or nicotine vapour product] business at the premises specified in the order if satisfied, on the balance of probabilities, that—
(a)[F5there have been] 3 or more relevant enforcement actions in respect of each premises specified in the order,
(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 F6... offences under Chapter 1 or 2.
(4)A [F7relevant enforcement action occurs where a person mentioned in subsection (4A)] is—
(a)issued with a fixed penalty notice (which is not subsequently withdrawn), F8...
(b)convicted of an offence under Chapter 1 or 2[F9, 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.]
[F10(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.
(6)In this Part, an order made under this section is referred to as a “tobacco [F11and nicotine vapour product] banning order”.
Textual Amendments
F1S. 15 title substituted (1.10.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(3), 36(2); S.S.I. 2017/12, reg. 2, sch.
F2Words in s. 15(1) inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(a), 36(2); S.S.I. 2017/12, reg. 2, sch.
F3Words in s. 15(2) inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(b), 36(2); S.S.I. 2017/12, reg. 2, sch.
F4Words in s. 15(3) inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(c)(i), 36(2); S.S.I. 2017/12, reg. 2, sch.
F5Words in s. 15(3)(a) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(c)(ii), 36(2); S.S.I. 2017/12, reg. 2, sch.
F6Word in s. 15(3)(d) repealed (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(c)(iii), 36(2); S.S.I. 2017/12, reg. 2, sch.
F7Words in s. 15(4) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(d)(i), 36(2); S.S.I. 2017/12, reg. 2, sch.
F8Word in s. 15(4) repealed (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(d)(ii), 36(2); S.S.I. 2017/12, reg. 2, sch.
F9S. 15(4)(c) and word inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(d)(iii), 36(2); S.S.I. 2017/12, reg. 2, sch.
F10S. 15(4A) inserted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(e), 36(2); S.S.I. 2017/12, reg. 2, sch.
F11Words in s. 15(6) substituted (6.2.2017 for specified purposes, 1.10.2017 in so far as not already in force) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 10(1)(f), 36(2); S.S.I. 2017/12, reg. 2, sch.
Commencement Information
I1S. 15 in force at 1.10.2011 by S.S.I. 2010/345, art. 2, Sch.