Article 7 Registration of certain persons as sellers of certain non-medicinal poisons
Subject to paragraph (2), every district council shall—
keep a register of persons entitled to sell non-medicinal poisons which are substances included in Part II of the Poisons List on premises in respect of which their names are entered in the register; and
enter in the register the name of any person who, having premises in the district of the council, makes an application to the district council in the prescribed form to have his name entered in the register in respect of those premises.
The district council may refuse to enter in, or may remove from, the register the name of any person who fails to payF1 any fees determined by the council under paragraph (5) or who, in the opinion of the district council, is, for any sufficient reason relating either to him personally or to his premises, not fit to have his name in the register.
If any person is aggrieved by the refusal of the district council to enter his name in the register or by the removal of his name therefrom under this Article, he may appeal to the Department against the refusal or removal.
A district council's register shall include particulars of the premises in respect of which the name of any person is entered in the register, and shall be in such form as may be prescribed.
Every person shall pay to the district council such reasonable fees as the council may determine in respect of—
the entry of his name in the district council's register;
the making of any alteration in the district council's register in relation to the premises on which he is entitled to sell; and
the retention of his name in the district council's register in any year subsequent to the year in which his name is first entered therein.
If any person whose name is entered in a district council's register is convicted before any court of any criminal offence which, in the opinion of the court, renders him unfit to have his name in the register, the court may, as part of the sentence, order his name to be removed from the register and direct that he shall, for such period as may be specified in the order, be disqualified from having his name entered in any district council's register.
Every district council's register shall be open at all reasonable times to the inspection of any person without any fee, and a copy thereof or an extract therefrom shall be furnished without any fee by the council to the Department upon an application made by an officer of the Department.
A person whose name is entered in a district council's register shall not use in connection with his business any title, emblem or description reasonably calculated to suggest that he is entitled to sell any non-medicinal poison other than a poison which he is under this Order entitled to sell, and if any person acts in contravention of this paragraph he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceedingF2 level 3 on the standard scale and where this paragraph is again contravened within one year after the conviction to a further fine not exceeding £10 for every day subsequent to the day on which he is first convicted of an offence under this paragraph on which it is so contravened.
For the purposes of this Article the district council shall be the council of the district in which the applicant intends to carry on or, carries on, the business of selling non-medicinal poisons to which this Article applies.
In this Article—
“prescribed” means prescribed by regulations under Article 9;
“relating to him personally” means, in relation to a person being a body corporate, relating personally to the persons (by whatever name called) controlling that body corporate, or to the managers or other officers thereof;
“year” means a period of twelve months beginning on such date as the district council may determine.
Annotations
Textual amendments
- F1
- F2