REGISTRATION OF MOVEABLE STRUCTURES AND FIXED PENALTY NOTICES REGULATIONS
Policy Aim
The policy aim of these regulations is to reduce the availability of tobacco and smoking related products to children and young people under 18, whilst minimising the impact on business.
Tobacco and Primary Medical Services (Scotland) Act 2010
The Act establishes a tobacco sales registration scheme. This will allow retailers to be clearly identified, enabling trading standards officers and others to offer advice and support to them to avoid illegal sales.
The Act also introduces a fixed penalty notice scheme for tobacco offences under the Act.
Intention of Proposed Regulations
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Registration of Moveable Structures and Fixed Penalty Notices) Regulations 2010 sets out how persons selling tobacco from a moveable structure can apply to be on the Register of Tobacco Retailers and sets out the details of the fixed penalty notice scheme.
Registration of moveable structures: Regulations 3, 4, and 5 set out information required on any application by a person seeking to sell tobacco from moveable premises to register for the tobacco sales registration scheme. These regulations are in line with other schemes relating to street traders.
Period in which a notice can be given: Regulation 6 prescribes that a fixed penalty can be issued up to seven days after the day on which an offence was committed. This is in line with other fixed penalty schemes operational in Scotland, including the smoking ban fixed penalty notice scheme.
Amount of fixed penalty: Regulations 7 and 8 set the fixed penalty amount for businesses and individuals found to be in breach of offences under Part 1 of the Tobacco and Primary Medical Services (Scotland) Act 2010. Regulation 7 sets the fixed penalty level at £50, with the discounted amount at £30, for persons found to be buying or attempting to buy tobacco under 18 and for persons under 18 who do not on request from a constable surrender tobacco products or provide information set out in the Act. Regulation 8 sets the amount of the fixed penalty notice at £200, with the discounted amount at £150, for all other offences in Part 1 of the Act. This regulation sets out that the level of fixed penalty will increase by £200 for every offence committed within a one year period. It should be noted that a fixed penalty cannot be issued to any person under 16.
Impact Assessment
An impact assessment on the Tobacco and Primary Medical Services (Scotland) Act 2010 was carried out in relation to the tobacco sales registration scheme. It is deemed that these regulations put no additional burden on business. A copy of the impact assessment can be found at http://www.scotland.gov.uk/Publications/2009/02/27120518/0
Commencement: These regulations would come in to force in spring 2011.
Views are invited on the following questions
1. Do you agree that retailers selling tobacco from a moveable structure should provide the information set out in the regulations to register for the tobacco sales registration scheme?
If not what information do you think such retailers should provide?
2. Do you agree that the period in which a notice can be given should be set at seven days?
If not, do you believe that the period in which a notice can be given should be more or less than seven days?
3. Do you believe that the levels of fixed penalty notices set out in the regulations are appropriate?
If not do you believe that the levels should be higher or lower than those set out in the regulations?
4. Do you agree that these proposed regulations set out an effective, proportionate and workable approach?
If not how would you make regulations more effective, proportionate and workable?
5. Do you believe that these regulations are enforceable?
If not how would you make regulations more enforceable?
6. Do you have any other comments on these regulations?
DRAFT SCOTTISH STATUTORY INSTRUMENTS
The Tobacco and Primary Medical Services (Scotland) Act 2010 (Registration of Moveable Structures and Fixed Penalty Notices) Regulations 2010
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