Tobacco

Tobacco is an important product for convenience retailers, accounting for an average 24% of turnover. It is also a product that comes with significant responsibilities for retailers.

The Stage 3 and final debate of the Tobacco and Primary Medical Services (Scotland) Bill took place on Wednesday 27th January. MSPs voted by 108 votes to 15 to support the measures included within the Bill. The Bill received Royal Assent on the 3rd March 2010.

This means from 2013 small shops (under 280 sq m) will be required to remove tobacco and smoking related products from display. The same measures will be introduced in large stores from 2011.
Retailers will be able to modify their gantries rather than have to refit the shop.

The requested display area, which is the area that can be displayed during a transaction, is outlined in regulations which have been put out for consultation. The consultation runs from 27th April to the 20th July 2010.

Within the draft regulations the Scottish Government is suggesting the requested display area be limited to 120 sq cm (the size of a cigarette packet). Temporary, incidental, display will be allowed while stocktaking, staff training, pricing and refurbishment are taking place – for no longer than necessary to undertake the activities.

It will also be an offence to display prices of tobacco products and smoking related products where the display has been prohibited in regulations.

Retailers will be required to notify authorities that they are selling tobacco products. A national register of tobacco retailers in Scotland will be established. Registration will be free. However, any retailer who fails to register will be committing an offence. Retailers will be able to register from Spring 2011. Offences relating to the register would not come into force until Autumn 2011. This would allow retailers six months to register.

The Bill gives powers to trading standards officers to issue fixed penalty notices for all offences contained in the Bill, including selling tobacco to under-18s, displaying tobacco products or not being on the register. A fixed penalty of £200 for retailers, rising by £200 for every offence committed within a one year period has been suggested within the consultation document .

If a retailer has been found to be in breach of tobacco sales legislation three times within a two year period (either through a fixed penalty notice or a criminal conviction) a local authority can apply to the courts to have the retailer banned from selling tobacco. A court can ban a retailer from selling tobacco for up to 24 months.

MSPs also voted to prohibit the use of vending machines for the sale of tobacco.

New measures mean it will now be an offence for a person under the age of 18 to attempt to purchase tobacco and for an adult to purchase tobacco on behalf of a person under the age of 18, known as proxy purchasing. Police will also have powers to confiscate tobacco from children under the age to 18.

SGF will respond to the consultation. The consultation can be found here

SGF has sumbitted a detailed response to the Scottish Government Tobacco Display Consultation

SGF Submission – Tobacco Display and Sale Regulations July 2010

Tobacco Pictorial Health Warnings

From the 1st October 2008 all tobacco product packs manufactured for the UK have been required to display pictorial health warnings on the back of the pack. The last date for retail sale of cigarettes with existing text warnings is 30th September 2009 and for other tobacco product packs is 30th September 2010.

Tobacco

Tobacco Pictorial Health Warnings

Issues