Section 12 Vaping and nicotine product vending machinesI1

A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.

But subsection (1) does not apply in relation to a vape vending machine made available for use in a mental health hospital if the machine is in an area that is intended wholly or mainly for inpatients.

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In this section—

• “mental health hospital” means an institution (or part of an institution) maintained wholly or mainly for the reception and treatment of inpatients who—

  1. (a)

     are aged 18 or over, and

  2. (b)

     are suffering from mental disorder (within the meaning of the Mental Health Act 1983);

• “nicotine product vending machine” means a machine—

  1. (a)

     from which nicotine products may be bought, or

  2. (b)

     from which they are dispensed to a customer in connection with a sale;

• “vape vending machine” means a machine—

  1. (a)

     from which vaping products may be bought, or

  2. (b)

     from which they are dispensed to a customer in connection with a sale.