Section 16 Prohibition of retail sales of tobacco products etc in England without a licenceI1

An individual must not do any of the following things in England except under the authority of and in accordance with a personal licence—

A person must not use or permit the use of premises in England for any of the following things except under the authority of and in accordance with a premises licence—

The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).

The Secretary of State must by regulations make provision for and in connection with the grant of personal licences and premises licences.

Before making regulations under this section the Secretary of State making them must consult any persons that the Secretary of State considers it appropriate to consult.

Schedule 1 makes further provision about regulations under subsection (4).

Regulations under this section are subject to the affirmative resolution procedure.

In this section—

• “grant” includes variation or renewal;

• “licensing authority” has the meaning given by paragraph 2 of Schedule 1;

• “personal licence” means a licence that is granted by a licensing authority and authorises an individual to do the things mentioned in subsection (1)(a), (b) and (c);

• “premises licence” means a licence that is granted by a licensing authority and authorises the use of premises by a person for the things mentioned in subsection (2)(a), (b) and (c);

• “relevant products” means—

  1. (a)

     tobacco products;

  2. (b)

     herbal smoking products;

  3. (c)

     cigarette papers;

  4. (d)

     vaping products;

  5. (e)

     nicotine products;

• “supply” includes despatch.