[F112BRestricted sale ordersE+W
(1)This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2)The person who brought the proceedings for the relevant offence may by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender.
(3)A restricted sale order is an order prohibiting the person to whom it relates—
(a)from selling any tobacco or cigarette papers 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 or cigarette papers to any person,
(c)from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette 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 cigarette machine kept on the premises for the purpose of selling tobacco.
(4)The order has effect for the period specified in the order, but that period may not exceed one year.
(5)The court may make the order if (and only if) it is satisfied that, on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed, the offender has committed other tobacco offences.
(6)In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.]
Textual Amendments
F1Ss. 12A-12D and preceding cross-heading inserted (1.4.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 143(2), 153; S.I. 2009/860, art. 2(c)