OpenLegislation

Section 19 Prohibition of retail sales of tobacco products etc in Wales without a licenceI1

England and Wales

(1)

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

(a)

sell relevant products;

(b)

expose relevant products for sale;

(c)

possess relevant products for the purpose of their sale (by the individual or another person).

(2)

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

(a)

the storage of relevant products for the purpose of their sale (by the person or another person);

(b)

the exposure of relevant products for sale;

(c)

the supply of relevant products to retail customers.

(3)

The Welsh Ministers may by regulations create exceptions to the prohibition in subsection (1) or (2).

(4)

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

(5)

Before making regulations under this section the Welsh Ministers must consult any persons that the Welsh Ministers consider it appropriate to consult.

(6)

Schedule 3 makes further provision about regulations under subsection (4).

(7)

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

(8)

In this section—

  • “grant” includes variation or renewal;

  • “licensing authority”, in relation to the doing of things or the use of premises in a county or county borough in Wales, means the council of the county or county borough;

  • “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.

Annotations

Commencement

I1

S. 19 in force at Royal Assent for specified purposes, see s. 175(2)(5)