Tough New Tobacco Laws could hit England too
The licensed trade continues to reel at the unremitting stream of new health legislation costing fortunes in compliance. In Scotland, we led the way with the smoking ban and we’re back to tobacco restrictions with the new Tobacco and Primary Medical Services (Scotland) Bill passed last month.
The display of tobacco products is now illegal in Scotland; from next year for the big retailers, and from 2013 for smaller operators. What we’re talking about here is putting cigarettes and related products – even pipes – “under the counter”. It will still be legal to sell such products, but not to display them.
The only exemption is for specialist tobacconists, so this means pubs and hotels, along with supermarkets, shops and so on will all be caught.
Let’s consider the practicalities of this. Many premises selling cigarettes will have to consider a refit of their counter or point of sale in order to make sure their stock is out of sight.
That of itself will carry a cost, but there’s a sting in the tail for licensed premises – the refit may alter the layout plan and this would require a variation of the premises licence.
New offences are created, including buying tobacco on behalf of someone under 18 . And 17 year old Johnny seeking to buy a pipe for his father’s fiftieth birthday should think twice.
This Bill has also created what is effectively a “tobacco licence” by introducing a system of registration where any retailer must register with the Scottish Government in order to be able to sell tobacco. Unregistered sales of tobacco will be a criminal offence. This means that all publicans and hoteliers in Scotland who stock cigarettes and tobacco products will now have to apply for registration in order to continue to be able to do so.
Although the registration is with the government, it will be the local councils who are empowered to enforce these provisions and they will have the power to seek a banning order from the local sheriff.
They are also legally required to carry out an annual enforcement programme to ensure compliance in their area – yet more officers with yet more boxes to tick. This Bill certainly gives all retailers plenty to chew on, although in the eyes of the Scottish Government, preferably not tobacco!
For those of you thinking “thank goodness this doesn’t apply in England” – just wait! There have already been calls to follow Scotland by introducing a public health objective to the Licensing Act 2003, and there are moves afoot to consider minimum pricing, so this might be next. You have been warned.
For further information, contact a member of our Hospitality and Leisure Team