The Facts
- It is estimated that each year in the UK around 87,000 people die from tobacco related diseases, particularly from cancer, respiratory diseases and heart disease.
- In the UK one person dies from a smoking-related disease every four minutes. (Directgov 23 February 2009.) It causes heart disease, lung cancer and many respiratory disorders such as emphysema, chronic bronchitis and bronchial asthma.
- For young people the greatest risk is becoming addicted to the effects of nicotine.
- 450 children try their first cigarette every day in the UK.
- About 80% of children who smoke just 1 cigarette a week will continue to smoke as adults.
What are the restrictions?
The Children and Young Persons Act prohibits the sale of tobacco products (including cigarettes and cigarette papers) to persons under 18. You will also need to display a sign.
Additional Requirements:
You must display a clear A3 sign stating:
IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANYONE UNDER THE AGE OF18
- Packs must not be split.
- You must sell cigarettes in the original packaging.
- Cigarettes must not be on view of the general public
Penalties
- You are liable to a fine of up to £1,000 for failure to display a sign.
- If you sell cigarettes to any person under the legal age you could face a fine of up to £2,500.
- New fines for Trader and Individual, including banning retailer from selling tobacco if persistently sells (3 strike principle)
Increased sanctions for illegal tobacco sales to young people. The Criminal Justice and Immigration Act 2008
Introduction:
The purpose of this legislation is to tackle the persistent illegal sale of tobacco products to young people under the age of 18 years. It is envisaged that the sanctions available are likely to be used only in extreme circumstances and only where there has been evidence of previous illegal sales. These new sanctions can be imposed by a Magistrates’ Court if you or your staff repeatedly sells tobacco products or cigarette papers to young people under the age of 18 years in addition to the penalties that already exist i.e. a fine of up to £2500.
Remember that you, as the owner of the business, are liable for the actions of your staff. Legal action may be taken against you even if you did not sell the product yourself.
What are the new sanctions:
A Local Authority (LA) may apply to a Magistrates’ Court for a restricted premises order or a restricted sale order or in certain circumstances both to be made.
A restricted premises order means that the retail business at the location where the offences took place is prohibited from selling tobacco products for a period of up to 12 months – to be determined by the court. This means that NO sales of tobacco or tobacco papers may take place from business premises. This does not affect other businesses within the same group or chain. For example where a National Company is the subject of a restrictive premise order, it will apply ONLY to the specific location where the illegal sales have taken place.
A restricted sale order means that a named person within a business is prohibited from selling tobacco or from having any management role in any premise relating to tobacco sales within a business for a period of 12 months - to be determined by the court. This means that the business premise may still sell tobacco products but the named individual may not. The order will apply to the named individual regardless of where they are employed. You should therefore be aware when recruiting staff to your business that a person who is the subject of a restrictive sales order MAY NOT sell tobacco products from any premises; including yours as their new employer. This is a matter that you need to see to confirm when recruiting new staff for example via references.
What triggers a sanction?
In deciding what type of order is appropriate, the LA will consider all of the circumstances surrounding the illegal sales. A restrictive premise order is likely to have a severe impact upon a business; due consideration will be given to this fact.
Where a person is convicted of a making an illegal sale to a young person under the age of 18 years (or where a sale has taken place from a vending machine), AND where, on at least two other occasions within a 2 year period, the person has committed other similar offences (these do not need to have resulted in a conviction) in relation to the particular premises a sanction may be applied for. This may relate to either premises or to a named person.
The maximum penalty for this is a fine of £20,000.
If you or your business is the subject of a restricted sales/premises order and you sell tobacco or cigarette papers (to anyone) then you commit an offence.