Part 1Tobacco products etc.
Chapter 1Display, sale and purchase of tobacco products
Sale and purchase of tobacco products
4Sale of tobacco products to persons under 18
1
A person who sells a tobacco product or cigarette papers to a person under the age of 18 commits an offence.
2
It is a defence to a charge in proceedings against a person (“the accused”) under subsection (1) that—
a
the accused believed the person under the age of 18 (“the customer”) to be aged 18 or over, and
b
the accused had taken reasonable steps to establish the customer’s age.
3
For the purposes of subsection (2)(b), the accused is to be treated as having taken reasonable steps to establish the customer’s age if and only if—
a
the accused was shown any of the documents mentioned in subsection (4), and
b
that document would have convinced a reasonable person as to the customer’s age.
4
The documents referred to in subsection (3)(a) are any document bearing to be—
a
a passport,
b
a European Union photocard driving licence, or
c
such other document, or a document of such description, as may be prescribed.
5
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
5Purchase of tobacco products by persons under 18
1
A person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.
2
It is not an offence under subsection (1) for a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers if the person is authorised to do so by a council officer or a constable for the purpose of determining whether an offence is being committed under section 4.
3
A council officer or a constable may authorise a person under the age of 18 to buy or attempt to buy a tobacco product or cigarette papers only if satisfied that all reasonable steps have been or will be taken to avoid any risk to the welfare of the person.
4
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
6Purchase of tobacco products on behalf of persons under 18
1
A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.