# Tobacco Products Duty Act 1979, Section 8H: Offences: use of premises for sale of unmarked tobacco.


(1) A manager of premises commits an offence if he suffers the premises to be used for the sale of unmarked products.
In this section “ unmarked products ” has the same meaning as in section 8G above.
(2) It is a defence for a person charged with an offence under subsection (1) above to prove that the unmarked products were not required by virtue of this Act to carry a duty-paid fiscal mark.
For this purpose “ duty-paid fiscal mark ” has the same meaning as in section 8G above.
(3) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) A court by or before which a person is convicted of an offence under subsection (1) above may make an order prohibiting the use of the premises in question for the sale of tobacco products during a period specified in the order.
(5) The period specified in an order under subsection (4) above shall not exceed six months; and the first day of the period shall be the day specified as such in the order.
(6) A manager of premises commits an offence if he suffers the premises to be used in breach of an order under subsection (4) above.
(7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(8) For the purposes of this section a person is a manager of premises if he—
(a) is entitled to control their use,
(b) is entrusted with their management, or
(c) is in charge of them.

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Source: https://www.legislation.gov.uk/ukpga/1979/7/section/8H (the official version)
Page: https://openlegislation.uk/tobacco-products-duty-act-1979/section-8H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

