Part I Prevention of Cruelty and Exposure to Moral and Physical Danger

F1Persistent sales of tobacco F2or nicotine products to persons under 18

Annotations:
Amendments (Textual)
F1

Ss. 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)

F2

Words in s. 12A cross-heading inserted (1.10.2014 for specified purposes, 1.10.2015 in so far as not already in force) by Children and Families Act 2014 (c. 6), ss. 93(2), 139(6); S.I. 2014/2609, art. 2; S.I. 2015/375, art. 3

12BRestricted sale orders

1

This section applies where a person (“the offender”) is convicted of a tobacco F3or nicotine 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 F4 or cigarette papersF4, 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 F5 or cigarette papersF5, cigarette papers or nicotine products to any person,

c

from keeping any F6cigarette machine on any premises for the purpose of selling tobacco F8or nicotine products or permitting any F6cigarette 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 F7cigarette machine kept on the premises for the purpose of selling tobacco F9or nicotine products.

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 F10or nicotine offences.

6

In this section any reference to a F11cigarette machine is a reference to an automatic machine for the sale of tobacco F12or nicotine products.