Section 4A Prohibition of retail sales of tobacco products etc without a licenceF1

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

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

Regulations may create exceptions to the prohibition in subsection (1) or (2).

Regulations must make provision for and in connection with the grant of personal licences and premises licences.

Before making regulations under this section the Department must consult any persons the Department considers it appropriate to consult.

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

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;

• “sell” means sell by retail;

• “supply” includes despatch.