The Tobacco Advertising and Promotion (Display) (England) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/445 |
| Year | 2010 |
2010 No. 445
Public Health, England
The Tobacco Advertising and Promotion (Display) (England) Regulations 2010
Made 23th February 2010
Laid before Parliament 2nd March 2010
The Secretary of State, in exercise of the powers conferred by sections 4(3), 7A(2), 7B(3) and 19(2) of the Tobacco Advertising and Promotion Act 20021, makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 and come into force—
(a)
(a) for the purpose of large shops, other than bulk tobacconists, on 1st October 2011; and
(b)
(b) for all other purposes, on 1st October 2013.
(2) These Regulations apply in relation to England.
(3) These Regulations do not apply to specialist tobacconists2.
(4) For the purposes of this regulation—
“large shop” means a shop which has a relevant floor area exceeding 280 square metres; and
“relevant floor area”, in relation to a shop, means the internal floor area of so much of the shop as consists of, or is comprised in, a building but excluding any part of the shop which is used neither for the serving of customers in connection with the sale of goods nor for the display of goods.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Tobacco Advertising and Promotion Act 2002;
“area of storage unit” means the total area of the storage unit in which tobacco products and any other products are visible;
“bulk tobacconist” means a shop selling tobacco products (whether or not it also sells other products) whose sales of cigarettes or hand-rolling tobacco, measured in accordance with paragraph (2), comply with 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;
“package” means any box, carton or other container;
“premises” includes any place and any vehicle, vessel, hovercraft, stall or moveable structure;
“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)
(a) during the most recent period of twelve months for which accounts are available; or
(b)
(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.
Meaning of place
3. For the purposes of section 7A of the Act (prohibition of tobacco displays), “place” means a premises in England where tobacco products are offered for sale in the course of a business, other than premises—
(a) which are accessible only to persons who are engaged in, or employed by, a business which is part of the tobacco trade; and
(b) from which the prices of tobacco products are not visible from the outside of the premises.
Display as a consequence of a requested display
4.—(1) This regulation applies where a requested display3is made to an individual (“A”) aged 18 or over.
(2) No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products in a storage unit, to individuals other than A, if—
(a)
(a) the display—
(i) is solely as a consequence of the requested display, and
(ii) lasts for no longer than is necessary to remove the requested product from the storage unit; and
(b)
(b) the area of storage unit displayed does not exceed 0.75 square metres.
(3) No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products other than in a storage unit, to individuals other than A, if the display—
(a)
(a) is solely as a consequence of the requested display; and
(b)
(b) lasts for no longer than the requested display.
(4) In this regulation, “the requested product” means the product which A asked to purchase or for information about.
Display in bulk tobacconists
5.—(1) This regulation applies to displays in a bulk tobacconist.
(2) No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products if—
(a)
(a) the display is—
(i) in a part of the shop (“the tobacco area”) containing tobacco products and smoking accessories only, and
(ii) not visible from outside of the tobacco area;
(b)
(b) a notice displaying the following statement is exhibited at the entrance to the tobacco area—
““It is illegal to sell tobacco products to anyone under the age of 18””; and
(c)
(c) the shop is designed so that customers who wish to buy products other than tobacco products and smoking accessories are not required or encouraged to pass...
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