{
  "url": "https://openlegislation.uk/tobacco-retailers-act-northern-ireland-2014/section-6",
  "json_url": "https://openlegislation.uk/tobacco-retailers-act-northern-ireland-2014/section-6.json",
  "legislation": "nia/2014/4",
  "legislation_title": "Tobacco Retailers Act (Northern Ireland) 2014",
  "legislation_url": "https://openlegislation.uk/tobacco-retailers-act-northern-ireland-2014",
  "path": "section/6",
  "kind": "section",
  "number": "6",
  "heading": "Restricted sale orders",
  "text": "(1) This section applies where a person (“the offender”)—\n(a) is given a fixed penalty notice in respect of a tobacco , vape or nicotine offence; or\n(b) is convicted of a tobacco , vape or nicotine offence.\n(2) In the following provisions of this section “the relevant offence” means the offence mentioned in subsection (1)(a) or (b).\n(3) A court of summary jurisdiction may, on application made by complaint by the council in whose district the premises in relation to which the relevant offence was committed are situated, make a restricted sale order in respect of the offender.\n(4) A restricted sale order is an order prohibiting the person to whom it relates—\n(a) from selling any tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products to any person;\n(b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products to any person;\n(c) from keeping any cigarette machine on any premises for the purpose of selling tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products or permitting any ... machine to be kept on any premises by any other person for that purpose; and\n(d) from having any management functions in respect of any premises in so far as those functions relate to any ... machine kept on the premises for the purpose of selling tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.\n(5) The order has effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.\n(6) The court may make the order if (and only if) it is satisfied that, on at least 2 other occasions within the period of 5 years ending with the date on which the relevant offence was committed, the offender has been—\n(a) given a fixed penalty notice in respect of a tobacco , vape or nicotine offence; or\n(b) convicted of a tobacco , vape or nicotine offence.\n(7) For the purposes of this section a fixed penalty notice which is given to the offender in respect of a tobacco , vape or nicotine offence is to be disregarded if it is withdrawn or if proceedings are brought against the offender for the offence to which the notice relates.\n(8) In this section “tobacco, vape or nicotine offence” means—\n(a) an offence committed under Article 3 or 4H of the Health and Personal Social Services (Northern Ireland) Order 1978 on any premises (which are accordingly “the premises in relation to which the offence is committed”);\n(b) an offence committed under Article 4B or 4J of the Health and Personal Social Services (Northern Ireland) Order 1978 in respect of a machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”);\n(c) an offence relating to a tobacco product or herbal smoking product committed under section 170 or 170B of the Customs and Excise Management Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”);\n(d) an offence committed under section 8F, 8G or 8H of the Tobacco Products Duty Act 1979 on any premises in Northern Ireland (which are accordingly “the premises in relation to which the offence is committed”); or\n(e) an offence committed under section 10 in respect of any premises (which are accordingly “the premises in relation to which the offence is committed”).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 6(1)(a) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 6(1)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 6(4)(a) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(3)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 6(4)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(3)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 6(4)(c) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(3)(b)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in s. 6(4)(c)(d) repealed (1.2.2022) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), s. 20(3), Sch. 1 para. 5(b)(iii), Sch. 2 Pt. 2; S.R. 2021/329, art. 2(c)(d)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 6(4)(d) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(3)(b)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 6(6)(a) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(4)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 6(6)(b) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(4)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 6(7) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(5)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "S. 6(8) substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 19(6)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 6 in operation at 1.7.2016 by S.R. 2016/101, art. 2(b), Sch. 2"
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "ukpga/2026/18",
      "affecting_title": "Tobacco and Vapes Act 2026"
    },
    {
      "type": "omitted",
      "affecting": "ukpga/2026/18",
      "affecting_title": "Tobacco and Vapes Act 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nia/2014/4/section/6",
    "retrieved_at": "2026-11-10T03:32:29.663694+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}