Tobacco
Tobacco is a key product for convenience retailers, accounting for an average 24% of turnover. It is also a product that comes with significant responsibilities for retailers.
ACS is committed to working with Government to ensure that retailers get the support they need in implementing the law. ACS also lobbies for minimum regulatory burden, believing that there are already sufficient punishments in place to deal with irresponsible retailers.
Tobacco Display Ban
To download ACS' latest submission to Government on the Tobacco Display ban, click here:
Tobacco Display Submission
The Health Bill, which contains provisions to ban the display of tobacco in England, Wales and Northern Ireland, has completed its Parliamentary progress and is now an Act. This means a tobacco display ban will be coming into force in the next few years.
ACS lobbied hard against the measures, and over a thousand letters were sent to local MPs. However a vote was lost in the House to the Government majority. ACS will continue to work with Government to ensure regulations, which will stipulate how the ban will be enforced, are effective and proportionate for retailers.
The Department of Health has published draft regulations on the display ban in England. These regulations state that from 1 October 2011 tobacco display will be prohibited in large format stores (over 280sq metres of floor space) and 1 October 2013 for smaller stores.
The regulations also state that the maximum area of a gantry that retailers will be able to display while serving or restocking is 1500sq cm. ACS is opposed to this restriction, believing it places unnecessary burdens on retailers. We are responding to the Government consultation on the regulations which closes 4 January 2010. We are also encouraging retailers to respond, and a pro forma response can be found below.
The regulations for Wales and Northern Ireland are yet to be published. Northern Ireland have indicated a shorter implementation time frame, possible 2010.
In Scotland provisions to ban display is progressing through the Scottish Parliament in the Tobacco and Primary Services (Scotland) Bill. This Bill also creates a register for tobacco retailers. It is likely that the regulations around a tobacco display ban in Scotland will be significantly different to the rest of the UK.
If you have any questions regarding ACS' work on tobacco contact Jenny Brown.
ACS has pledged to continue fighting against the tobacco display ban- we now need your help!
The Health Bill, which contains the provisions to ban tobacco display, has now finished its journey through the House of Lords and has moved to the Commons. The final stages will happen in the next few weeks, and then if the Bill is not successfully opposed it will receive Royal Assent. However there is still time to stop this Bill. MPs need to be aware that retailers in their constituency are extremely concerned about the impact a tobacco display ban will have. They also need to understand that complying with the ban will place a significant cost on retailers and that there is also no clear evidence that introducing a ban will impact on youth smoking rates.
ACS is asking all its members to send a letter to their local MP to vote against the display ban at Report Stage. The letter also asks MPs to support a ban in proxy purchasing tobacco. There is a pro forma letter attached as a guide but please feel free to personalise it or write your own letter.
tobacco display ban letter (2)
You can find the name of your MP here: http://www.upmystreet.com/commons/l/
Download the ACS submission to the Future of Tobacco Control consultation here: Future of Tobacco Control Submission
Download the Ireland Research document here:
Implementation of the Tobacco Display Ban in Republic of Ireland
Tobacco Banning Orders
The new Tobacco Banning Order will apply to either the store owner/manager or to premises and could prohibit the sale of tobacco for up to one year for retailers found to have sold tobacco to an under-18 on three or more occasions over a two year period. ACS is working with Government to make sure the use of this power is proportionate and the enforcement as fair as possible. The new power came into force in April 2009 and there will be money spent on a co-ordinated test purchase enforcement campaign. Revenue and Customs will also be ramping up inspections of retailers looking for black market cigarettes.
ACS has been involved with LACORS on the drafting of the Guidance for both trading standards and retailers for the new banning orders. Please click here to see the Guidance:
Business guidance tobacco retailer sanctions
Penalty Notice for Disorder
At the start of 2009 ACS have been able to prevent the immediate implementation of a new £80 on-the-spot fine for individuals selling tobacco to an under 18. This measure was quietly introduced into Parliament without consultation or communication with the sector or our employees. Fortunately, following our swift action, the Government have seen sense and will now stop to undertake a full and proper consultation on the proposal.
ACS has been invited to feed in comments for the drafting of the consultation document, and it is now clear that we will be fully involved in the process going forward.