Clause 16 - Restricted sale orders

Part of Tobacco and Vapes Bill – in a Public Bill Committee am 2:45 pm ar 9 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Andrea Leadsom Andrea Leadsom The Parliamentary Under-Secretary for Health and Social Care 2:45, 9 Mai 2024

Clauses 16 and 17 are based on and replace existing legislation for England and Wales. They relate to restricted sale orders, which is one of several measures in the Bill that will ensure that our enforcement approach to tackling under-age sales is both effective and proportionate.

Clause 16 provides that a persistent offender can be issued with a restricted sale order, which is similar to a restricted premises order but puts a ban on an individual from selling tobacco or vape products rather than a business. The clause is important for the overall functioning of the Bill as it provides local authority trading standards with a further tool for enforcement. Restricted sale orders also act as a deterrent to persistent offenders as they apply to a specific person, regardless of their place of employment.

Clause 17 makes it an offence to breach a restricted sale order. The offence is committed when the individual has done something, such as sell a product, that they have been prohibited from doing under the order. As with restricted premises orders, making it an offence to breach restricted sale orders gives local authority trading standards the ability to escalate action to tackle persistent offenders. The penalty for breaching a restricted sale order is an unlimited fine, which will again be a good deterrent. I commend clauses 16 and 17 to the Committee.