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Do You Need Help Understanding the Cigarette Vending Machine Ban? Date: 10/10/2011
The sale of tobacco from vending machines has been banned in England, with anyone caught selling cigarettes in machines facing a fine of £2,500.
The Department of Health said the ban had been introduced to prevent under-age sales to children and to support adults who were trying to quit and have now issued guidelines clarifying the law surrounding the ban on cigarette vending machines effective from 1 October 2011:
KEY POINTS TO NOTE
From 1 October 2011, the law changed to make it illegal to sell tobacco products from vending machines to anyone, regardless of age, in England;
It is also against the law to display advertisements or pictures of tobacco products on vending machines in England;
Businesses will still be able to sell tobacco products from behind the bar, but must comply with the existing law (e.g. age of sale and advertising at point of sale).
COMPLIANCE
The licensee/operator of the premises where the vending machine is located will be guilty of an offence if tobacco products are sold from that machine.
Both owners of the vending machines and licensees/operators of the premises on which the machine is located will be responsible for ensuring there are no advertisements for tobacco products on the machine.
Licensees/operators should contact the owner or operator of the vending machine to agree arrangements to comply with the new law.
The machine must not be able to be used by the public from 1 October until it can be removed or moved to a place where the public cannot use it (e.g. storeroom).
· The legislation does not ban vending machines per se – they can stay in their current position if they are no longer used to sell tobacco products directly to the public (e.g. empty and switched off) and all advertisements of tobacco products are removed from them or covered up.
· The vending machine can be placed behind the bar, provided that the machine is positioned where the licensee or manager of the premises can guarantee that there is no public access. The licensee/bar staff could then use the machine for tobacco storage. However the advertisement or pictures of tobacco products on vending machines will still need to be removed.
Trading Standards will be the body responsible for compliance.
More information can be found at Business Link website or by dowloading the Trading Standards advice leaflet.
Spencer Swinden Design
0121 551 9897
