6 Specialist tobacconists
F1A1
The appropriate Minister may provide in regulations that no offence is committed under section 2 if the tobacco advertisement—
(a)
is in, or fixed to the outside of premises of, a specialist tobacconist in England and Wales or Northern Ireland,
(b)
is not for cigarettes or hand-rolling tobacco, and
(c)
complies with any requirements specified in the regulations.
(1)
A person does not commit an offence under section 2 if the tobacco advertisement—
(b)
was not for cigarettes or hand-rolling tobacco, and
(c)
complied with any requirements specified by the appropriate Minister in regulations in relation to tobacco advertisements on the premises of specialist tobacconists.
(2)
A specialist tobacconist is a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.
(3)
The sales referred to in subsection (2) are to be measured by sale price—
(a)
during the most recent period of twelve months for which accounts are available, or
(b)
during the period for which the shop has been established, if it has not been established long enough for twelve months’ accounts to be available.
(4)
“Shop”, in subsections (2) and (3), includes a self-contained part of a shop; and, in that case, “premises” in subsectionsF4(A1), (1) and (2) means that self-contained part of the shop.