Guidance on the Ban of Tobacco Vending Machines

Guidance on the Ban of Tobacco Vending Machines

From 1 October 2011, the law will change to make it illegal to sell tobacco products directly to the public from vending machines in England.

• It will be illegal to sell any tobacco product from an automatic vending machine to any person - regardless of age.
• Businesses will still be able to sell tobacco products if they wish but they must comply with the current law (for example, the Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 which regulate advertisements allowed at point of sale).
• It should also be noted that, from 6 April 2012, the law relating to the display of tobacco products and thier prices will change. It will be illegal from that date to display tobacco products except in the limited circumstances set out in the new law. Further guidance will be available nearer to the time on this matter.

Who is responsible for compliance?

• The owner or manager of the premises where a vending machine is located will be guilty of an offence if tobacco products are sold from that machine.
• Both the owner of the vending machine and the owners and managers of the premises on which the vending machines are located, will be responsible for ensuring that there are no advertisements of tobacco products on vending machines.

What happens if the law is broken?

• Any person found guilty of the offence of selling of tobacco from a vending machine is liable on summary conviction to a fine not exceeding £2,500.
• Any person found guilty of an offence in relation to tobacco advertisements is liable for up to two years imprisonment, or a fine not exceeding £5,000, or both;

What should I do with my vending machine?

• The legislation does not ban vending machines themselves. Vending machines can stay in their current position if they are no longer used to sell tobacco products and all advertisements of tobacco products are removed from them or covered up.
• If the owner or manager of a premises wishes to remove a vending machine, they should contact the owner or operator of the machine to discuss and agree appropriate arrangements. Owners or managers of premises may, in any case, wish to discuss and agree a way forward with the vending machine owner in order to ensure compliance with the new law.
• The owner or manager of a premises may also wish to get ready for 1 October 2011 by making sure that all tobacco products are removed from vending machines.

Can staff still use a vending machine to dispense cigarettes?

• Yes, the vendning machine could for example, be behind the bar, provided that the machine is positioned where the owner or manager of the premises can guarantee that it is impossible for any member of the public to use the machine.
• The advertisements or pictures of tobacco products on vending machines will still need to be removed because the current exemption allowing advertisements on vending machines will no longer apply.

This guidance is not intended to be definitive or a substitute for the relevant law and independent legal advice should be sought where appropriate. Only the courts can interpret statutory legislation with any authority.

For further information, please contact:

Royal Borough of Windsor and Maidenhead
Trading Standards Service
York House
Sheet Street
Windsor SL4 1DD

Tel: 01628 683672
Email: trading.standards@rbwm.gov.uk

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