The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

Interpretation

2.—(1) In these Regulations—

“the Act” means the Tobacco Advertising and Promotion Act 2002;

“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) from a part of the shop (“the tobacco area”) from which tobacco products are not visible outside such area and whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (2), meet the following conditions—

(a)

at least 90% of its cigarette sales are in pre-packed quantities of 200 or more cigarettes in their original package, and the remainder in pre-packed quantities of 100 or more cigarettes in their original package; and

(b)

at least 90% of its hand-rolling tobacco sales are in pre-packed quantities with a weight of 250 grams or more in their original package, and the remainder in pre-packed quantities with a weight of 125 grams or more in their original package;

“original package” means the package in which the cigarettes or hand-rolling tobacco were supplied for the purpose of retail sale by the manufacturer or importer and “packaged for sale” shall be construed accordingly;

“other feature” means a logo, trademark, symbol, motto, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, message or other indication that constitutes all or part of the recognisable identity of a product, but does not include a bar code or stock number;

“package” means any box, carton, or other container;

“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure;

“price list” means a list of the prices of tobacco products normally offered for sale in the place where such list is displayed or made available;

“shop” means any premises where there is carried on a trade or business consisting wholly or mainly of the sale of goods;

“storage unit” means a gantry, cabinet or unit, tray, shelf or other product in which a tobacco product is held pending sale.

(2) The sales referred to in the definition of “bulk tobacconist” are to be measured by sale price-

(a) during the most recent period of twelve months for which accounts are available, or

(b) during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.