Section 10 OffencesI1

(1)

If an unregistered person carries on a F1registrable business, the person commits an offence.

F2(2)

A registered person who carries on a registrable business at premises other than those noted in the person’s entry in the Register as premises at which the person proposes to carry on that kind of registrable business commits an offence.

(3)

If a person fails, without reasonable excuse, to comply with section 3 (duty to notify certain changes), the person commits an offence.

(4)

If—

(a)

a person sells on any premises any F3tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products in contravention of a restricted premises order, and

(b)

the person knew, or ought reasonably to have known, that the sale was in contravention of the order,

the person commits an offence.

(5)

If a person fails to comply with a restricted sale order, the person commits an offence.

(6)

It is a defence for a person charged with an offence under subsection (5) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(7)

If a person fails, without reasonable excuse, to comply with section 8(2), the person commits an offence.

(8)

If a person fails, without reasonable excuse, to comply with section 9(2), the person commits an offence.

(9)

A person guilty of an offence under—

(a)

subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale;

(b)

subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale;

(c)

subsection (4) or (5) is liable on summary conviction to a fine not exceeding £20,000;

(d)

subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale;

(e)

subsection (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations

Textual amendments

F1: Word in s. 10(1) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(8), Sch. 10 para. 7(a); S.R. 2026/152, art. 2(b)
F2: S. 10(2) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(8), Sch. 10 para. 7(b); S.R. 2026/152, art. 2(b)
F3: Words in s. 10(4)(a) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 22

Commencement

I1: S. 10 in operation at 1.7.2016 by S.R. 2016/101, art. 2(b), Sch. 2