Tobacco Retailers Bill Notice of Amendments tabled on 12 November 2013 for Consideration Stage

Clause 1

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 1 stand part of the Bill.

Minister of Health, Social Services and Public Safety

New Clause

After clause 1 insert -

‘Register of tobacco retailers

1A. -(1) The registration authority must, in accordance with the provisions of this Act, maintain a register of persons carrying on a tobacco business (“the Register”).

(2) On the basis of information contained in the Register, the registration authority must, at all reasonable times, make available for public inspection -

(a) a list of premises at which tobacco businesses are carried on; and

(b) such other information as may be prescribed.

(3) The registration authority must make available to each council and the Department such information contained in the Register as that council or the Department may require.

(4) Information made available under subsection (3) to a council may be used by the council only for the purpose of enabling it or assisting it to perform its functions under -

(a) this Act;

(b) Part 2 of the Health and Personal Social Services ( Northern Ireland) Order 1978; and

(c) the Children and Young Persons (Protection from Tobacco) ( Northern Ireland) Order 1991.

(5) In any proceedings for an offence under this Act a certificate issued by the registration authority which states that on any date a person was or was not registered in respect of any premises shall be evidence of the facts stated in it; and any such certificate which purports to be issued by the registration authority shall be taken to be so issued unless the contrary is proved.

(6) In this Act -

“registered” means entered in the Register, and “unregistered” is to be construed accordingly;

“the registration authority” means a body which is established or constituted by or under Northern Ireland legislation and is prescribed for the purposes of this Act.’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 1, Line 11

Leave out from ‘council’ to the end of line 12 and insert ‘registration authority -’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 6

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 7

Leave out ‘or’ and insert -

‘(aa) the applicant has, within the period of 5 years ending with the day on which the application is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and been sentenced for that offence to a custodial sentence (whether suspended or not); or’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 8

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 12

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 14

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 19

Leave out ‘the council considers appropriate’ and insert ‘which the Department may direct the authority to include’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 20

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 2 , Page 2, Line 24

Leave out ‘the council considers appropriate’ and insert ‘which the Department may direct the authority to include’

Minister of Health, Social Services and Public Safety

Clause 3 , Page 2, Line 30

Leave out from ‘council’ to ‘situated’ in line 31 and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 3 , Page 2, Line 35

Leave out ‘3 months’ and insert ‘28 days’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 2, Line 38

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 1

Leave out subsection (2) and insert -

‘(2) The registration authority must amend the Register so as to remove -

(a) references to registered premises in respect of which a restricted premises order has effect;

(b) a person’s entry from the Register where that person has, within a period of 5 years ending with the day on which the removal is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and has been sentenced for that offence to a custodial sentence (whether suspended or not).’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 4

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 5

After ‘(2)’ insert ‘(a)’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 8

Leave out ‘A council’ and insert ‘The registration authority’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 10

Leave out ‘council’ and insert ‘registration authority’

Minister of Health, Social Services and Public Safety

Clause 4 , Page 3, Line 13

Leave out ‘a council’ and insert ‘the registration authority’

Minister of Health, Social Services and Public Safety

Clause 5

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 5 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Clause 6

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 6 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Clause 7 , Page 4, Line 8

Leave out ‘may not exceed one year’ and insert ‘must not be less than 28 days or more than 3 years’

Minister of Health, Social Services and Public Safety

Clause 7 , Page 4, Line 14

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

Clause 7 , Page 5, Line 10

At end insert -

‘(ba) an offence relating to tobacco committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);

(bb) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);’

Minister of Health, Social Services and Public Safety

Clause 8 , Page 5, Line 40

Leave out ‘may not exceed one year’ and insert ‘must not be less than 28 days or more than 3 years’

Minister of Health, Social Services and Public Safety

Clause 8 , Page 5, Line 42

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

New Clause

After clause 9 insert -

‘Restricted premises orders: display of notices

9A. -(1) This section applies where -

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must display a notice in the relevant premises in accordance with subsection (3).

(3) The notice must -

(a) state that a restricted premises order has been made in respect of the relevant premises and the period for which the order has effect;

(b) be displayed in a prominent position in the relevant premises where it is readily visible to persons at every relevant point of sale; and

(c) be displayed no later than 5 days after the date on which the restricted premises order has effect.

(4) A relevant point of sale is one that was used for the sale of tobacco or cigarette papers at any time during the period of 2 months ending with the date on which the restricted premises order was made.

(5) Regulations may specify -

(a) the dimensions of the notice to be displayed in accordance with this section;

(b) the wording of the statement to be displayed on the notice; and

(c) the size of the statement.’

Minister of Health, Social Services and Public Safety

New Clause

After clause 9 insert -

‘Restricted premises orders: no tobacco in retail area

9B. -(1) This section applies where -

(a) a restricted premises order has effect in respect of premises (“the relevant premises”); and

(b) a person (“P”) carries on a retail business at the relevant premises.

(2) P must, no later than the day after the date on which the restricted premises order has effect, ensure that no tobacco or cigarette papers are in the retail area of the relevant premises.

(3) Subsection (2) does not apply to tobacco and cigarette papers in the retail area of the relevant premises which an individual may have for his or her own use.

(4) In this section “retail area” means any part of the relevant premises used for the serving of customers or the display of goods.’

Minister of Health, Social Services and Public Safety

Clause 10 , Page 6, Line 37

At end insert -

‘(6A) If a person fails, without reasonable excuse, to comply with section 9A(2), the person commits an offence.’

Minister of Health, Social Services and Public Safety

Clause 10 , Page 6, Line 37

At end insert -

‘(6B) If a person fails, without reasonable excuse, to comply with section 9B(2), the person commits an offence.’

Minister of Health, Social Services and Public Safety

Clause 10 , Page 7, Line 4

At end insert -

‘(d) subsection (6A) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;’

Minister of Health, Social Services and Public Safety

Clause 10 , Page 7, Line 4

At end insert -

‘(e) subsection (6B) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.’

Minister of Health, Social Services and Public Safety

Clause 11

The Minister of Health, Social Services and Public Safety gives notice of his intention to oppose the question that clause 11 stand part of the Bill.

Minister of Health, Social Services and Public Safety

Clause 12 , Page 7, Line 14

Leave out from ‘the proper’ to the end of line 15 and insert ‘ascertaining whether any of the following offences is being or has been committed on the premises and, if so, by whom -

(i) an offence under section 10;

(ii) an offence under Article 3, 4 or 4A of the Health and Personal Social Services (Northern Ireland) Order 1978;

(iii) an offence under Article 4, 4A or 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991;’

Minister of Health, Social Services and Public Safety

Clause 12 , Page 7, Line 34

Leave out from ‘of the proper’ to the end of line 34 and insert ‘mentioned in subsection (1)(a).’

Minister of Health, Social Services and Public Safety

Clause 12 , Page 7, Line 37

Leave out from ‘of the proper’ to ‘this Act’ in line 38 and insert ‘mentioned in subsection (1)(a)’

Minister of Health, Social Services and Public Safety

Clause 13 , Page 8, Line 21

Leave out from ‘an offence’ to the end of line 24 and insert ‘ -

(a) an offence under section 10(1), (2), (3), (6A) or (6B),

(b) an offence under Article 3, 4 or 4A of the Health and Personal Social Services (Northern Ireland) Order 1978,

(c) an offence under Article 4, 4A or 5 of the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991,’

Minister of Health, Social Services and Public Safety

Clause 16 , Page 10, Line 29

Leave out ‘3’ and insert ‘5’

Minister of Health, Social Services and Public Safety

New Clause

After clause 16 insert -

‘Council’s duty to share information about enforcement

16A. -(1) Every council must make available to every other council, the registration authority and the Department such information relating to -

(a) fixed penalty notices given in respect of tobacco offences committed in the district of that council,

(b) convictions in respect of tobacco offences committed in the district of that council, and

(c) restricted premises orders and restricted sale orders made on an application by that council,

as the other council, the registration authority or, as the case may be, the Department may require.

(2) Information made available under subsection (1) to a council or the registration authority may be used by the council or the registration authority only for the purpose of enabling it or assisting it to perform its functions under this Act.

(3) In this section “tobacco offence” has the meaning given in section 7(14).’

Minister of Health, Social Services and Public Safety

Clause 18 , Page 11, Line 1

Leave out subsection (2) and insert -

‘(2) In Article 3(3) (prohibition on sale of tobacco, etc. to persons under 18) for “level 4” substitute “level 5”.’

Minister of Health, Social Services and Public Safety

Clause 18 , Page 14, Line 38

Leave out subsection (3) and insert -

‘(3) After Article 4 insert -

“Purchase of tobacco on behalf of persons under 18

4A. -(1) A person aged 18 or over who knowingly buys or attempts to buy tobacco or cigarette papers on behalf of a person under the age of 18 shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”’

Minister of Health, Social Services and Public Safety

Clause 22 , Page 16

Leave out lines 33 and 34 and insert -

‘“the Register” has the meaning given in section 1A(1);

“registered”, “unregistered” and “the registration authority” have the meanings given in section 1A(6);’

Minister of Health, Social Services and Public Safety

Clause 23 , Page 17, Line 9

Leave out subsection (3) and insert -

‘(3) Paragraph (aa) of section 2(3) does not apply in relation to an offence mentioned in that paragraph which is committed before the commencement of that paragraph.

(4) Paragraph (b) of section 4(2) does not apply in relation to an offence mentioned in that paragraph which is committed before the commencement of that paragraph.

(5) Section 12 does not apply in relation to an offence mentioned in section 12(1)(a) which is committed before the commencement of that section.

(6) Section 13 does not apply in relation to an offence mentioned in section 13(1) which is committed before the commencement of that section.

(7) Subsection (2) of section 18 does not apply in relation to an offence which is committed before the commencement of that subsection.’

Minister of Health, Social Services and Public Safety

Clause 24 , Page 17, Line 16

Leave out ‘5(2),’

Minister of Health, Social Services and Public Safety

Long Title

Leave out ‘to confer additional powers of enforcement in relation to offences under Articles 3 and 4 of the Health and Personal Social Services (Northern Ireland) Order 1978;’ and insert ‘to amend the Health and Personal Social Services (Northern Ireland) Order 1978; to confer additional powers of enforcement in relation to offences under that Order and the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991;’

Minister of Health, Social Services and Public Safety

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