Restricted sale ordersN.I.
6—(1) This section applies where a person (“the offender”)—
(a)is given a fixed penalty notice in respect of a tobacco [F1or nicotine] offence; or
(b)is convicted of a tobacco [F2or nicotine] offence.
(2) In the following provisions of this section “the relevant offence” means the offence mentioned in subsection (1)(a) or (b).
(3) A court of summary jurisdiction may, on application made by complaint by the council in whose district the premises in relation to which the relevant offence was committed are situated, make a restricted sale order in respect of the offender.
(4) A restricted sale order is an order prohibiting the person to whom it relates—
(a)from selling any tobacco [F3, cigarette papers or nicotine products] to any person;
(b)from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco [F4, cigarette papers or nicotine products] to any person;
(c)from keeping any cigarette machine on any premises for the purpose of selling tobacco [F5or nicotine products] or permitting any F6... machine to be kept on any premises by any other person for that purpose; and
(d)from having any management functions in respect of any premises in so far as those functions relate to any F6... machine kept on the premises for the purpose of selling tobacco [F5or nicotine products] .
(5) The order has effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.
(6) The court may make the order if (and only if) it is satisfied that, on at least 2 other occasions within the period of 5 years ending with the date on which the relevant offence was committed, the offender has been—
(a)given a fixed penalty notice in respect of a tobacco [F7or nicotine] offence; or
(b)convicted of a tobacco [F8or nicotine] offence.
(7) For the purposes of this section a fixed penalty notice which is given to the offender in respect of a tobacco [F9or nicotine] offence is to be disregarded if it is withdrawn or if proceedings are brought against the offender for the offence to which the notice relates.
[F10(8) In this section any reference to a machine is a reference to an automatic machine for the sale of tobacco or nicotine products.]
Textual Amendments
F1Words in s. 6(1)(a) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(a); S.R. 2021/329, art. 2(c)
F2Words in s. 6(1)(b) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(a); S.R. 2021/329, art. 2(c)
F3Words in s. 6(4)(a) substituted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(b)(i); S.R. 2021/329, art. 2(c)
F4Words in s. 6(4)(b) substituted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(b)(ii); S.R. 2021/329, art. 2(c)
F5Words in s. 6(4)(c)(d) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(b)(iv); S.R. 2021/329, art. 2(c)
F6Word in s. 6(4)(c)(d) repealed (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(b)(iii), Sch. 2 Pt. 2; S.R. 2021/329, art. 2(c)(d)
F7Words in s. 6(6)(a) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(c); S.R. 2021/329, art. 2(c)
F8Words in s. 6(6)(b) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(c); S.R. 2021/329, art. 2(c)
F9Words in s. 6(7) inserted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(d); S.R. 2021/329, art. 2(c)
F10S. 6(8) substituted (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(e); S.R. 2021/329, art. 2(c)
Commencement Information
I1S. 6 in operation at 1.7.2016 by S.R. 2016/101, art. 2(b), Sch. 2