# Tobacco and Primary Medical Services (Scotland) Act 2010, Section 15: ... Banning orders

Extent: S

(1) A council may apply to the sheriff for an order banning a person from carrying on a registrable business from premises within the council's area.
(2) An application under subsection (1) must specify the premises from which the person is to be banned from carrying on a registrable business.
(3) The sheriff may make an order banning the person from carrying on a registrable business at the premises specified in the order if satisfied, on the balance of probabilities, that—
(a) there have been 3 or more relevant enforcement actions in respect of each premises specified in the order,
(b) at least one of the actions occurred in the period of 2 months ending on the date the application was made,
(c) the conduct to which the actions relate took place within a period of 2 years, and
(d) the making of the order is necessary to prevent the commission of ... offences under Chapter 1 or 2 or any regulations made under those Chapters.
(4) A relevant enforcement action occurs where a person mentioned in subsection (4A) is—
(a) issued with a fixed penalty notice (which is not subsequently withdrawn), ...
(b) convicted of an offence under Chapter 1 or 2 or any regulations made under those Chapters , or
(c) convicted of an offence under section 92(1)(b) or (c) of the Trade Marks Act 1994 (unauthorised use of trade mark in relation to goods) in circumstances where the goods in question are, or include, tobacco products , herbal smoking products, smoking related products , vaping products or nicotine products.
(4A) The persons are—
(a) the person who is the subject of the application,
(b) an employee or agent of that person.
(5) An order made under this section has effect for the period (not exceeding 24 months) specified in the order beginning with the day the order is granted.
(6) In this Part, an order made under this section is referred to as a “... banning order”.

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Source: https://www.legislation.gov.uk/asp/2010/3/section/15 (the official version)
Page: https://openlegislation.uk/tobacco-and-primary-medical-services-scotland-act-2010/section-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.