The Tobacco Advertising and Promotion (Display) Regulations (Northern Ireland) 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for exemptions from the prohibition of tobacco displays imposed by section 7A(1) of the Tobacco Advertising and Promotion Act 2002 (“the Act”).

These Regulations do not apply to specialists tobacconists (regulation 1(2)).

Regulation 1 provides that these Regulations shall come into operation on 31st October 2012 for large shops, other than bulk tobacconists, and on 6th April 2015 for all other purposes.

Regulation 3 defines the meaning of “place” for the purposes of section 7A of the Act (prohibition of tobacco displays). It is defined as meaning premises in Northern Ireland where tobacco products are offered for sale in the course of a business, other than premises which are accessible only by persons engaged in, or employed by, the tobacco trade and which do not display the prices of tobacco products in a way that is visible from the outside of the premises.

Regulation 4 applies when there is a display of tobacco products to an individual following a particular request by the individual to purchase a tobacco product, or for information about a tobacco product; this is a “requested display” as defined in section 7B(8) of the Act (tobacco displays: exclusions and defence). No offence will be committed by a display of tobacco products to persons other than the individual who requested the display if the requirements in regulation 4 are met.

Regulation 5 allows for displays of tobacco products in “bulk tobacconists”. “Bulk tobacconists” are defined (in regulation 2) to mean shops that do not sell cigarettes or hand-rolling tobacco in small units. Tobacco products may be displayed if they are in an area of the shop containing only tobacco products and smoking accessories and the requirements of regulation 5 are met.

Regulation 6 allows for incidental displays of tobacco products during restocking and other activities carried out in the normal course of business. Tobacco products may only be displayed for as long as is necessary for the activity to be carried out. The size of the display area permitted during an incidental display should not exceed 1.5 square metres.

Regulation 7 allows for displays of tobacco products where such displays are requested by duly authorised officers of enforcement authorities, police officers or customs officers acting in the course of duty.

Regulation 8 enables an indication on a storage unit of tobacco products held in the unit if the requirements in this regulation are met.

The Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, which permitted certain tobacco advertisements to be published at places where tobacco products are sold, are revoked in so far as they apply to Northern Ireland. Section 2 of the Act prohibits tobacco advertising.

A draft of these Regulations has been notified to the European Commission as a technical standard, pursuant to Directive 98/34/EC of the European Parliament and the Council (OJ No L204, 21.7.98, p37) laying down a procedure for the provision of information in the field of technical standards and regulations, as amended.

An Impact Assessment dealing with the prohibition of the display of tobacco products and the effect it will have on business and other sectors of the economy is available from the Department of Health, Social Services and Public Safety, Health Improvement Policy Branch, Room C4.22, Castle Buildings, Stormont, Belfast, BT4 3SQ. It is also available to download at www.dhsspsni.gov.uk.