Regulation 6 Incidental Displays

(1)

No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products in a storage unit if that display complies with the requirements of paragraph (2).

(2)

The requirements of this paragraph are that—

(a)

the display—

(i)

occurs in the course of an activity listed in paragraph (3) being actively carried out in the ordinary course of business in relation to tobacco products;

(ii)

is solely as a consequence of that activity being carried out; and

(iii)

lasts for no longer than is necessary in order to allow that activity to be carried out; and

(b)

the area of the storage unit displayed does not exceed 1.5 square metres.

(3)

The activities referred to in paragraph (2)(a)(i) are—

(a)

assessing stock levels for the purposes of stock control;

(b)

restocking;

(c)

staff training;

(d)

cleaning of the storage unit;

(e)

maintenance of the storage unit;

(f)

refurbishment of the storage unit;

(g)

affixing indications on the storage unit that comply with the requirements set out in regulation 8(3).

(4)

No offence is committed under section 7A(1) of the Act (prohibition of tobacco displays) by a display of tobacco products during restocking if—

(a)

the tobacco products are displayed in the course of being placed in the storage unit only; and

(b)

the display lasts for no longer than is necessary to place products in the storage unit.