The Sale of Tobacco (Registration of Moveable Structures and Fixed Penalty Notices) (Scotland) Regulations 2011

Prospective

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the application to moveable structures of Chapter 2 of Part 1 (Register of Tobacco Retailers) of the Tobacco and Primary Medical Services (Scotland) Act 2010 (“the Act”). They also provide in relation to the fixed penalty notice scheme under section 27 and schedule 1 to the Act.

Regulations 2, 3 and 4 make provision in relation to the application of Chapter 2 to moveable premises.

Chapter 2 of Part 1 of the Act makes provision in relation to a Register of Tobacco Retailers which is to be established in accordance with section 10 of the Act. Section 11 of the Act provides in relation to applications to be put on this Register.

These Regulations are made under section 24 of the Act which allows Scottish Ministers to modify Chapter 2 to apply its provisions to moveable structures. Regulations 3 and 4 modify section 11 of the Act to take account of the fact that tobacco businesses carried on from moveable premises will not have a fixed address as is envisaged by section 11.

Regulation 3(2) provides that if the business is carried on from moveable premises in a fixed location then, in the application for registration, it will be necessary to give the following details in relation to those premises:—

(i) a description which identifies the location of the premises; and

(ii) the type and registration number of the vehicle or a description and dimensions of the moveable structure.

If the business is carried on from moveable premises which are not in a fixed location then, in the application for registration, it will be necessary to give the following details in relation to those premises:—

(i) a description which identifies each street or area at which the business is carried on; and

(ii) the type and registration number of the vehicle or a description and dimensions of the moveable structure.

Regulations 5, 6 and 7 and the Schedule provide in relation to the fixed penalty notice scheme.

Section 27(1) of the Act provides that a council officer or a constable may issue a fixed penalty notice if they have reason to believe that the person has committed an offence under Chapters 1 or 2 of Part 1 of the Act which provide in relation to tobacco.

Regulation 5 provides that a fixed penalty notice cannot be given after 7 days from the date of the offence.

Regulation 6 prescribes the amount of the fixed penalty for offences under sections 5 (purchase of tobacco products by persons under 18) and 7 (confiscation of tobacco products from persons under 18) of the Act as £50. The discounted amount for these offences is £30. This is the amount which will be due provided the penalty is paid within the discounted payment deadline. The deadline will be stated on the fixed penalty notice.

Regulation 7 prescribes the amount and the discounted amount for all other offences under Chapters 1 and 2 of Part 1 of the Act. The amount is £200 and the discounted amount is £150.

If the person receiving the fixed penalty notice has already had a fixed penalty or a conviction for a tobacco offence under the Act within the previous two years, the amounts are escalated in accordance with the Schedule to these Regulations.