Scotland - Tobacco Display Ban in force from today

By

29 Apr
2013

The introduction of the tobacco display ban for large stores in Scotland comes into force today. This affects shops of more than 280 square metres / 3000 square feet (excluding all bulk tobacconists and specialists) and follows on from similar (but not identical bans already in force in England and Wales.

The ban on smoking related products only applies in places where tobacco products are also sold. These products are defined as: cigarette papers, cigarette tubes, cigarette filters, apparatus for making cigarettes, cigarette holders, pipes for smoking tobacco products.

The Tobacco and Primary Medical Services (Scotland) Act 2010 gives powers to Trading Standard Officers to issue fixed penalty notices for offences. Provision is also made for the level of fine to be escalated for second and subsequent offences committed within a 2 year period.

If a retailer is found to be in breach of tobacco sales legislation three times within a two year period, a Local Authority can apply to the courts to have the retailer banned from selling tobacco.

Guidance on the new provisions (which also include a ban on vending machine sales) is available here: 'Guidance'

For those shops of 280 square metres / 3000 square feet or less in area and all bulk tobacconists and specialists, the ban on the display of tobacco is due to be brought in throughout England, Wales, Scotland and Northern Ireland on 6 April, 2015

Law correct at the date of publication.
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