Helpful Questions and Answers

What does this mean for retailers?

The Act establishes a national register of tobacco retailers, which will require all tobacco retailers to be registered in order to sell tobacco. There will be one national register. This will operate in conjunction with a fixed penalty notice scheme and the ability for courts to impose tobacco banning orders.

You are required to register as a tobacco retailer.  All retailers wishing to sell tobacco products must register.

 

When can I register?

The registration scheme will come into effect on 1 April 2011.  Retailers will have a full 6 months to register, from 1 April 2011 until 1 October 2011.  Retailers can register at any time over that period.

 

Why do I need to register?

Although the majority of retailers refuse to sell tobacco to young people under 18 there is unfortunately a proportion that will.  The registration scheme gives a wider range of tools to trading standards to better enforce age restriction laws whilst keeping the costs to the public purse to an absolute minimum and with the least possible administrative burden on retailers.

This will create a new offence that will assist in tackling illicit tobacco sellers and help protect legitimate Scottish businesses that sell tobacco. For the first time under tobacco sales law, those found to be selling tobacco illicitly can be fined up to £20,000 and sent to prison for up to six months.

 

What's the difference between a registration scheme and a licensing scheme?

Whilst a licensing scheme has certain advantages it is also more burdensome on local authorities and retailers, as the retailer has to provide a sufficient level of information to allow the relevant authority to determine whether a retailer should be allowed to sell a product. A registration scheme merely requires a retailer to notify authorities that they are selling a product and is, therefore simpler and less costly to administer.  The Scottish Government has, on balance, opted for a registration scheme.

 

How will the fixed penalty notice scheme and banning orders work?

The Act gives powers to trading standards officers to issue fixed penalty notices for offences contained in the Act, including selling tobacco to under-18s, displaying tobacco products or not being on the register.  If a retailer has been found to be in breach of tobacco sales legislation three times within a two year period (either through a fixed penalty notice or a criminal conviction) a local authority can apply to the courts to have the retailer banned from selling tobacco. A court can ban a retailer from selling tobacco for up to 24 months.

 

What are you doing about illicit sales?

For the first time under tobacco sales law, those found to be selling counterfeit or smuggled tobacco can be fined up to £20,000 and sent to prison for up to 6 months.

 

How do I register?

Registration can be done quickly and easily in one of two ways

- Register Online: Complete our web-based form
- Register on Paper : Download the registration form (in pdf) or request a paper copy of the form from the Scottish Government Tobacco Control.

Copies of the form can be downloaded online or can be requested by calling 0131 244 2169 .  In addition, printed forms are available from trading standards within your local council.



What if I am unable to complete an on-line form?

Simply request a paper copy by contacting the Scottish Government on 0131 244 2169, then send the duly completed form to the Scottish Government,  Tobacco Control Area 3 EN , St Andrews House, Regent Road Edinburgh EH1 3DG.



Do I need to display the Registration certificate?

You do not need to display the certificate but it should be retained and kept ready to hand for inspection purposes.



I own more than one retail premises do I need to complete individual forms for each property?

No the system has the facility to enable you just to complete one form and add additional premises in by following the instructions.

 

Do I need to pay to register?

No, registration is free.

 

Who can access the information on the register?

Key features of the register will include provision for relevant parts of the register to be accessible to the general public on the Internet.  Local Authorities will also be able to access the information contained in the register.

 

I am a specialists tobacconist does this apply to my shop?

Yes it applies to all retailers who sell tobacco products and includes mobile units and duty free shops for example.

 

Are "Members Clubs" required to register?

If the only type of tobacco transaction the club engages in is in the supply of cigarettes to its full members then it will not require to be registered.  If however the club also admits non-members or those who have less than full membership (such as temporary members) and makes available tobacco products for purchase  e.g. at the bar or in a club shop or through a vending machine then it will be required to register since it will be selling tobacco by retail.

 

I am a trade tobacconist does this apply to my business?

The Act only applies to persons carrying on a tobacco business.  "Tobacco business" is defined in the Act to mean "a business involving the sale of tobacco products by retail".  If no part of your business involves retail trade, then you do not require to be registered.

 

Who will enforce the laws?

Enforcement will be carried out by your local council's trading standards service.

What happens after a person is removed from the Register?

A person who is registered with the Scottish Government and who commits 3 breaches of the Tobacco and Primary Medical Services (Scotland) Act 2010 within a two year period will be removed from the Register.  The period of removal will be determined by the Court but can be up to 12 months.

- If a person has more than one premises registered, only the premises to which the conviction relates will be removed from the Register.

- Tobacco products cannot be sold from the premises to which the conviction relates for the period of time determined by the Court.  A person must display a banning order notice in a prominent position for the period of the ban

- Following the period of removal, retailers who wish to resume selling tobacco products must submit a new application.

What if my details change?

To keep the register up to date you are required to notify the Scottish Government of any changes in your particulars such as a change in a person's name or address or the fact that the person is no longer carrying on a tobacco business at an address noted in the person's entry in the Register.   You can update your registration details online if you have registered online.

 

Where can I get further information?

You can contact  the Scottish Government Tobacco Control Branch on 0131 244 2169  for advice on the Register or any other provision of the Act.

 

Contact numbers?

We only require one contact number for the registrant.  We only require one contact who will co-ordinate the response from all the company that is applying for all their Premises that are relevant.

 

VAT Number?

There is no need for VAT number

 

What if the Parent Company is registered outside of Scotland?

It is not an issue if the company applying for the certificate is a parent company outwith Scotland. If there are any Premises within Scotland, they need to be registered by whatever company owns them.

 

Head Office versus Outlet?

In the vast majority the Head office will complete on behalf of outlets.  We suggest that if in doubt they should contact their Head Office to establish if the outlet details are being registered.

 

Who needs to have the Certificate?

It is only the registrant that will need to have the certificate. Individual premises do not. i.e. a registrant is not then sending certificates out to each of their uploaded premises.

 

What is the Floor Area Definition?

It is the area used for retailing to consumers.

 

In case of tenants do you put tenants company name or premises licence holder details?

Any person who carries on a business involving the sale of tobacco products by retail must be on the register.  It will be the applicant's name which goes onto the register.  The answer to the question who should apply is that it is the person (individual or corporate) who carries on the tobacco retail business.  So who owns the tobacco, retails it to consumers and takes the profits.

Therefore, the tenant registers as it is they that are carrying out the retail business not the landlord.

 

Do Vending Machines need to be registered?

Had the ban on automatic vending machine sales come into force on 1 October as planned, there would not of course have been any requirement for those businesses which retail tobacco through automatic  vending machines to register.  Now that the implementation date for the ban has been deferred, however, it will be necessary to register in the same way that the Act requires registration by anyone carrying on a business involving the sale of tobacco by retail. If you wish to continue selling tobacco products through automatic vending machines, you will require to register by 1 October 2011.  Depending on the circumstances, it will be a question of fact who the person carrying on the business retailing tobacco products is but it will be for you to determine whether it is you as the Cigarette Machine Operator, or the person in whose premises the automatic vending machine is located, who requires to register.