PART IIN.I.SALE OF TOBACCO, ETC. TO PERSONS APPARENTLY UNDER [F118]

Prohibition on sale of tobacco, etc. to persons apparently under [F218]N.I.

3.—(1) Subject to paragraph (2), a person who sells to a personF3. . . under the age of [F418] any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence.

[F3(1A) It shall be a defence for a person charged with and offence under paragraph (1) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]

(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding[F3 level 4 on the standard scale].

Control of automatic machines for sale of tobaccoN.I.

4.—(1) If on complaint being made under[F5 Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981] the court is satisfied that any automatic machine for the sale of tobacco kept on any premises[F6 has been used by any person] under the age of [F718], the court[F8 shall] order the owner of the machine or the person on whose premises the machine is kept—

(a)to take such precautions to prevent the machine being so used as may be specified in the order;

(b)if necessary, to remove the machine, within such time as may be specified in the order.

(2) A person who fails to comply with an order made under paragraph (1) shall be guilty of an offence and liable on summary conviction[F6 to a fine not exceeding level 4 on the standard scale].

Seizure of tobacco, etc. in possession of persons apparently under [F918]N.I.

5.—(1) A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco or cigarette papers in the possession of any person apparently under the age of [F1018] whom he finds smoking in any street or public place.

(2) Any tobacco or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct.

Exemption for persons employed in tradeN.I.

6.  Nothing in this Part shall—

(a)make it an offence to sell tobacco or cigarette papers to, or

(b)authorise the seizure of tobacco or cigarette papers in the possession of,

any person who is at the time employed by a manufacturer of, or dealer in, tobacco, either wholesale or retail, for the purposes of his business.

InterpretationN.I.

7.  In this Part—

• “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking;

• “public place” includes any place to which the public for the time being have or are permitted to have access, whether on payment or otherwise;

• “street” includes any road, lane, alley or passage, whether a thoroughfare or not;

• “tobacco” includes cigars, cigarettes[F11 tobacco substitutes and any product containing tobacco and intended for oral or nasal use].