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Tobacco Retailers Act (Northern Ireland) 2014

Consolidated Text As Enacted Cited authorities 14 Cited in Amendments 10 Related
Vincent
JurisdictionNorthern Ireland
Citation2014 NI c 4
Year2014
(1) The registration authority must, in accordance with the provisions of this Act, maintain a register of persons carrying on a tobacco business (“the Register”) .a list of premises at which tobacco businesses are carried on; andsuch other information as may be prescribed.(3) The registration authority must make available to each council and the Department such information contained in the Register as that council or the Department may require.this Act;Part 2 of the Health and Personal Social Services (Northern Ireland) Order 1978; andthe Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991.(5) In any proceedings for an offence under this Act a certificate issued by the registration authority which states that on any date a person was or was not registered in respect of any premises shall be evidence of the facts stated in it; and any such certificate which purports to be issued by the registration authority shall be taken to be so issued unless the contrary is proved.(6) In this Act—
  • “registered” means entered in the Register, and “unregistered” is to be construed accordingly;
  • “the registration authority” means a body which is established or constituted by or under Northern Ireland legislation and is prescribed for the purposes of this Act.
to be registered; orto add further premises to the person's entry in the Register.state the name and address of the applicant;where it is an application under subsection (1) (a) , state the address of each of the premises at which the applicant proposes to carry on a tobacco business;where it is an application under subsection (1) (b) , state the address of each of the further premises at which the applicant proposes to carry on a tobacco business;be made in such form and manner as may be prescribed;contain such other information as may be prescribed.it does not comply with subsection (2) ;the applicant has, within the period of 5 years ending with the day on which the application is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and been sentenced for that offence to a custodial sentence (whether suspended or not) ; ora restricted premises order has effect in respect of any premises specified in the application; ora restricted sale order has effect in respect of the applicant.(4) The registration authority must give notice to the applicant of its decision within a period of 28 days beginning on the day on which the application is made.the name and address of the applicant;the address of each of the premises at which the applicant proposes to carry on a tobacco business;any other information which the Department may direct the authority to include.the address of each of the further premises at which the applicant proposes to carry on a tobacco business;any other information which the Department may direct the authority to include.(7) Regulations may provide for the charging of fees in connection with making an application under subsection (1) .(8) In this section “applicant” means a person who makes an application under subsection (1) .any change in the person's name or address;the fact that the person is no longer carrying on a tobacco business at an address noted in the person's entry in the Register.(2) The notice must be given within 28 days of the date of the change to which it relates.(1) The registration authority may correct the Register (following notification under section 3 or otherwise) as it considers appropriate.references to registered premises in respect of which a restricted premises order has effect;a person's entry from the Register where that person has, within a period of 5 years ending with the day on which the removal is made, been convicted of an offence under section 170 or 170B of the Customs and Excise Management Act 1979 in relation to tobacco and has been sentenced for that offence to a custodial sentence (whether suspended or not) .as a result of a correction or an amendment under subsection (1) or (2) (a) , there are no premises noted in the person's entry in the Register; orit is not satisfied that the person is carrying on a tobacco business.the entry was removed under subsection (3) (b)

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