PART IISALE OF TOBACCO, ETC. TO PERSONS APPARENTLY UNDER F1118

Annotations:
Amendments (Textual)

Prohibition on sale of tobacco, etc. to persons apparently under F1183

C11

Subject to paragraph (2), a person who sells to a personF2. . . under the age of F318 any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence.

F21A

It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Para.(2) rep. with saving by 1986 NI 24

3

A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding F2F12level 5 on the standard scale.

Control of automatic machines for sale of tobacco4

C21

If on complaint being made underF4 Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 the court is satisfied that any automatic machine for the sale of tobacco kept on any premisesF5 has been used by any person under the age of F618, the courtF7 shall order the owner of the machine or the person on whose premises the machine is kept—

a

to take such precautions to prevent the machine being so used as may be specified in the order;

b

if necessary, to remove the machine, within such time as may be specified in the order.

2

A person who fails to comply with an order made under paragraph (1) shall be guilty of an offence and liable on summary convictionF5 to a fine not exceeding level 4 on the standard scale.

F13Purchase of tobacco F14or nicotine products on behalf of persons under 18C7C64A

1

A person aged 18 or over who knowingly buys or attempts to buy tobacco F15, cigarette papers or a relevant nicotine product on behalf of a person under the age of 18 shall be guilty of an offence.

2

A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Seizure of tobacco, etc. in possession of persons apparently under F8185

C3C41

A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco or cigarette papers in the possession of any person apparently under the age of F918 whom he finds smoking in any street or public place.

C52

Any tobacco or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct.

Exemption for persons employed in trade6

Nothing in this Part shall—

a

make it an offence to sell tobacco or cigarette papers to, or

b

authorise the seizure of tobacco or cigarette papers in the possession of,

any person who is at the time employed by a manufacturer of, or dealer in, tobacco, either wholesale or retail, for the purposes of his business.

Interpretation7

In this Part—

  • “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking;

  • “public place” includes any place to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

  • F16“relevant nicotine product” means a nicotine product within the meaning of section 7 of the Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 the sale of which to persons aged under 18 is for the time being prohibited by regulations under section 1(1) of that Act;

  • “street” includes any road, lane, alley or passage, whether a thoroughfare or not;

  • “tobacco” includes cigars, cigarettesF10 tobacco substitutes and any product containing tobacco and intended for oral or nasal use.