South Ayrshire Council has welcomed changes to tobacco legislation that gives Councils increased powers to tackle any breaches of the legislation and also introduces a new registration scheme for those selling tobacco.
The changes in legislation – introduced this month under the Tobacco and Primary Medical Services (Scotland) Act 2010 – are aimed at reducing the availability and attractiveness of tobacco products to young people.
Under the new legislation, anyone selling tobacco must be registered with the Scottish Government by 1 October 2011 to be able to continue to sell tobacco products.
The registration scheme requires tobacco retailers to inform the Scottish Government they are selling tobacco products – registration is free but anyone failing to register by 1 October 2011 will face a fine for failing to comply with the legislation.
The new legislation also provides the Council with powers to issue fixed penalty fines – for the first time – for a range of breaches of the legislation such as selling tobacco to anyone under 18 years of age.
Three breaches within a two-year period can result in the seller being banned from selling tobacco for a period of time.
The new law also makes it an offence for people under 18 years of age to attempt to buy (or buy) tobacco products, making it clear their actions are illegal and could potentially result in a risk for the seller.
In addition, police have been given powers to confiscate tobacco products from under age people and adults who buy tobacco products for under age people will be committing a criminal offence.
Ian Woodburn, South Ayrshire Council's Head of Customer and Community Services, said: "We very much welcome these changes in tobacco legislation, making it abundantly clear it is illegal for anyone under the age of 18 to attempt to buy tobacco products and highlighting the risks to traders, who will be required to be registered.
"The new substantial penalties – a fine of up to £20,000 and a potential jail sentence of up to six months – will hopefully deter traders from selling tobacco products illegally and our trading standards team will do everything it can to ensure all buyers and sellers comply with the new laws.
"We will be doing all we can to ensure people are fully aware of the changes and the impact they could have on them, particularly in relation to the registration scheme for traders and the new offences for underage persons attempting to buy tobacco products and adults who may purchase these goods on a young person's behalf.
"This is a positive step forward in relation to tobacco legislation and we look forward to seeing it come into force later this year."
Further provisions of the new legislation have been delayed for legal reasons. These relate to a ban on the display of tobacco products and on vending machines, which were due to come into force in October.
Anyone selling tobacco products can now register online at http://www.tobaccoregisterscotland.org. Registrations must be submitted by 1 October 2011.
For further information and advice on the new legislation, contact the Council's Trading Standards team on 01292 616094.