Children and Young Persons Act 1933

7 Sale of tobacco, &c. to persons under [F1 eighteen]. E+W

(1) Any person who sells to a person [F2 . . .] under the age of [F3 eighteen] years any tobacco or cigarette papers, whether for his own use or not, shall be liable, [F4 on summary conviction to a fine not exceeding level 4 on the standard scale.]

F5 [(1A) It shall be a defence for a person charged with an offence under subsection (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.]

(2) If on complaint to a [F6 magistrates' court] it is proved to the satisfaction of the court that any automatic machine for the sale of tobacco kept on any premises [F7 has been used by any person] under the age of [F3 eighteen] years, the court [F8 shall] order the owner of the machine, or the person on whose premises the machine is kept, to take such precautions to prevent the machine being so used as may be specified in the order or, if necessary, to remove the machine, within such time as may be specified in the order, and if any person against whom such an order has been made fails to comply therewith, he shall be liable, on summary conviction, [F9 to a fine not exceeding level 4 on the standard scale.]

(3) It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the [F10 local policing body] may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.

(4) Nothing in this section shall make it an offence to sell tobacco or cigarette papers to, or shall authorise the seizure of tobacco or cigarette papers in the possession of, any person who is at the time employed by a manufacturer of or dealer in tobacco, either wholesale or retail, for the purposes of his business, or is a boy messenger in uniform in the employment of a messenger company and employed as such at the time.

(5) For the purposes of this section the expression “tobacco” includes cigarettes [F11 any product containing tobacco and intended for oral or nasal use] and smoking mixtures intended as a substitute for tobacco, and the expression “cigarettes” includes cut tobacco rolled up in paper, tobacco leaf, or other material in such form as to be capable of immediate use for smoking.

Textual Amendments

F1 Word in s. 7 sidenote substituted (1.10.2007) by The Children and Young Persons (Sale of Tobacco etc.) Order 2007 (S.I. 2007/767), art. 2(a) (with effect as mentioned in art. 1)

F2 Word in s. 7(1) omitted (1.3.1992) by virtue of Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 1(2)(a), (with s. 8(3)); S.I. 1992/332, art. 2

F3 Word in s. 7(1)(2) substituted (1.10.2007) by The Children and Young Persons (Sale of Tobacco etc.) Order 2007 (S.I. 2007/767), art. 2(a) (with effect as mentioned in art. 1)

F4 Words in s. 7(1) substituted (1.3.1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 1(2)(b), (with s. 8(3)); S.I. 1992/332, art. 2

F5 S. 7(1A) inserted (1.3.1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 1(3), (with s. 8(3)); S.I. 1992/332, art.2

F6 Words in s. 7(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 72; S.I. 2005/910, art. 3(bb)

F7 Words in s. 7(2) substituted (1.3.1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 1(4)(a), (with s. 8(3)(4)); S.I. 1992/332, art.2

F8 Word substituted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 1(1)(b)(2)

F9 Words in s. 7(2) substituted (1.3.1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 1(4)(b), (with s. 8(3)(4)); S.I. 1992/332, art. 2

F10 Words in s. 7(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 67; S.I. 2011/3019, art. 3, Sch. 1

F11 Words inserted by Protection of Children (Tobacco) Act 1986 (c. 34, SIF 20), s. 1(1)(c)

Modifications etc. (not altering text)

C1 In s. 7: definition of "tobacco" applied (20.2.1993) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 4(8); S.I. 1992/3227, art. 2(2).

C2 S. 7: power to amend conferred (19.7.2006 for specified purposes and otherwise 1.7.2007) by Health Act 2006 (c. 28), ss. 13, 83; S.I. 2007/1375, art. 2(a)

C3 S. 7: power to amend conferred by 2006 c. 28, s. 13(1)-(1B) (as substituted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 42(2)(a))

C4 Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

C5 S. 7(2) saved (1.3.1992) by Children and Young Persons (Protection from Tobacco) Act 1991 (c. 23, SIF 20), s. 8(5); S.I. 1992/332, art. 2