Section 28 Restricted sale ordersI1
England and Wales
Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted sale order against the offender.
A “restricted sale order” is an order prohibiting the offender—
from selling any one or more of the following—
tobacco products,
herbal smoking products,
cigarette papers,
vaping products,
nicotine products;
from having any management functions in respect of any premises in so far as those functions relate to the sale of anything listed in paragraph (a)(i) to (v).
A restricted sale order has effect for the period specified in the order, which may not exceed one year.
A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence.
In this section “relevant offence” means—
an offence under any of the following provisions of this Part—
section 1 (sale of tobacco etc to people born on or after 1 January 2009);
section 3 (tobacco vending machines);
section 10 (sale of vaping or nicotine products to under 18s);
section 12 (vaping and nicotine product vending machines);
an offence under any of the following (which are repealed by this Act)—
section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s);
section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines);
section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).