F18H Offences: use of premises for sale of unmarked tobacco.
1
A manager of premises commits an offence if he suffers the premises to be used for the sale of unmarked products.
In this section “ unmarked products ” has the same meaning as in section 8G above.
2
It is a defence for a person charged with an offence under subsection (1) above to prove that the unmarked products were not required by virtue of this Act to carry a duty-paid fiscal mark.
For this purpose “ duty-paid fiscal mark ” has the same meaning as in section 8G above.
3
A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A court by or before which a person is convicted of an offence under subsection (1) above may make an order prohibiting the use of the premises in question for the sale of tobacco products during a period specified in the order.
5
The period specified in an order under subsection (4) above shall not exceed six months; and the first day of the period shall be the day specified as such in the order.
6
A manager of premises commits an offence if he suffers the premises to be used in breach of an order under subsection (4) above.
7
A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8
For the purposes of this section a person is a manager of premises if he—
a
is entitled to control their use,
b
is entrusted with their management, or
c
is in charge of them.