Part 1Tobacco products etc.
Chapter 2Register of tobacco retailers
Tobacco retailing banning orders
15Tobacco retailing banning orders
1
A council may apply to the sheriff for an order banning a person from carrying on a tobacco business from premises within the council’s area.
2
An application under subsection (1) must specify the premises from which the person is to be banned from carrying on a tobacco business.
3
The sheriff may make an order banning the person from carrying on a tobacco business at the premises specified in the order if satisfied, on the balance of probabilities, that—
a
the person has been the subject of 3 or more relevant enforcement actions in respect of each premises specified in the order,
b
at least one of the actions occurred in the period of 2 months ending on the date the application was made,
c
the conduct to which the actions relate took place within a period of 2 years, and
d
the making of the order is necessary to prevent the commission of further offences under Chapter 1 or 2.
4
A person is the subject of a relevant enforcement action if the person is—
a
issued with a fixed penalty notice (which is not subsequently withdrawn), or
b
convicted of an offence under Chapter 1 or 2.
5
An order made under this section has effect for the period (not exceeding 24 months) specified in the order beginning with the day the order is granted.
6
In this Part, an order made under this section is referred to as a “tobacco retailing banning order”.