Offences

10Offences

1

If an unregistered person carries on a tobacco business, the person commits an offence.

2

If a registered person carries on a tobacco business at premises other than those noted in the person’s entry in the Register, the person commits an offence.

3

If a person fails, without reasonable excuse, to comply with section 3 (duty to notify certain changes), the person commits an offence.

4

If—

a

a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and

b

the person knew, or ought reasonably to have known, that the sale was in contravention of the order,

the person commits an offence.

5

If a person fails to comply with a restricted sale order, the person commits an offence.

6

It is a defence for a person charged with an offence under subsection (5) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

7

If a person fails, without reasonable excuse, to comply with section 8(2), the person commits an offence.

8

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

9

A person guilty of an offence under—

a

subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale;

b

subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale;

c

subsection (4) or (5) is liable on summary conviction to a fine not exceeding £20,000;

d

subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

e

subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.