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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 Act, which passed through Parliament in 2009, gives the Government in England, Wales and Northern Ireland. 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. We will continue to oppose the display ban and will also work with Government to ensure regulations, which will stipulate how the ban will be enforced, are effective and proportionate for retailers.

England

The Department of Health has published 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 are now tabled before Parliament, where they need to remain until 11th April before they are passed into law. The original draft display ban regulations would have only allowed retailers to display an area of 1,500 sq cm during a transaction or restocking. However after lobbying from ACS, Government have decided to increase this area to 7,500 sq cm which is a quarter of a 1m by 2m gantry.

The regulations make the following provisions. Tobacco Display is prohibited unless:

  • During a requested display, when an individual ages 18 or over either requests to view or purchase tobacco. During requested display a maximum area of 7,500 sq cm may be exposed for as long as necessary to retrieve the product.
  • During restocking, which is defined as the placement of product on the gantry. Retailers are allowed to display an area of 7,500 sq cm while doing this. Restocking does not include the transportation of stock; therefore when tobacco is removed from the store room to front of store, it will have to covered
  • At the request of an enforcement officer
  • It will be an offence to display tobacco products at the request of an under 18; therefore staff will have to make sure they check for proof of age before retrieving the product.
  • There are also regulations around what information retailers can displayed. They will be allowed three types of communication.


Product Location Labels

  • Price Lists
  • Pictorial Price Lists


Product location labels are labels that can be displayed on the gantry to help staff find product. They can include the following information:
 

  • the brand name of the product,
  • where pre-packed, the number of units in the packages or, where sold by weight, the net weight of the product,
  • in relation only to cigars, the country of origin and dimensions,
  • in relation only to pipe tobaccos, the cut and type of tobacco used, and
  • the price of the product


The label must conform with the following prescriptions:

  • is printed in black Helvetica plain type on a white background,
  • in a font size consistent throughout the text with characters which are no higher than 4 millimetres (14pt), and in lower case type, except that the first letter of a word may be in upper case type;
  • does not exceed 9 square centimetres in size;
  • is limited in number to one indication for each separate location in a storage unit where a particular tobacco product is held; and
  • does not contain any other feature, such as logo, trademark, artwork or imagery. It can include a bar code or stock number.”


The requirements for price lists are:

  • has the title “Tobacco products price list”, and
  • may include sub-headings for “cigarettes”, “hand rolling tobacco”, “cigars”, “pipe tobaccos”, and “other tobacco products”,
  • does not include the prices of any other products,
  • is worded with characters which are no higher than 7 millimetres,
  • has no border or frame,
  • does not exceed 1250 square centimetres in size; and
  • is limited in number in accordance with paragraph

The price list shall be limited in number to one price list for each separate area where tobacco products are both located and can be paid for.

There are also provisions to allow one pictorial price list per till, to help those for whom English may not be a first language. This price list must be stored out of sight, and can only be displayed at the request of an over 18.
 

  • the display must lasts for no longer than is needed for the individual to obtain the information sought by that individual;
  • that the size of the wording on the price list shall be such that no character is greater than 4 millimetres high;
  • that the only other feature displayed is a picture of the actual tobacco product, as packaged for sale, where the size of such picture does not exceed 50 square centimetres


You can read the regulations at the link below: http://www.opsi.gov.uk/si/si2010/uksi_20100445_en_1  
http://www.opsi.gov.uk/si/si2010/draft/ukdsi_9780111491973_en_1  (price lists)

Enforcement
The maximum penalties for a person found guilty of an offence under these regulation is on summary conviction, a maximum imprisonment period of six months and/or a fine not exceeding the statutory maximum (currently £5,000). On indictment, a maximum imprisonment period of two years and/or a fine.

Wales

The Welsh Assembly Government has released their draft tobacco display ban regulations for consultation. The consultation will run from 12 April 2010 until 6 July 2010.

The regulations regarding display ban and price lists are the same as the regulations tabled for England. This is a success as ACS has been arguing for parity with the English regulations. ACS will be responding the consultation.

The Welsh regulations also confirms that the region will have the same implementation time frames as in England; October 2011 for large stores, October 2013 for small stores (as defined in Sunday Trading law)

To download the ACS Submission on the regulations, click here:   Welsh Tobacco Submission

Northern Ireland

It is worth noting Northern Ireland has not yet released its draft regulations for consultation. While they have indicated the regulations will be similar to England and Wales, they have also said that are looking at December 2010 implementation date. ACS is in the process of securing a meeting with Northern Irish officials alongside other trade bodies.

Scotland

Tobacco is a devolved issue in Scotland, and their Government has also passed the Tobacco and Primary Medical Services Act which also makes it an offence to ban tobacco display. This Bill also contains provisions to ban proxy purchasing, introduce a register for tobacco retailers and making it an offence to sell tobacco papers to under 18.

The Scottish Government has released their consultation on the draft regulations relating to tobacco displays. Unlike in England and Wales the display regulations cover tobacco related products such as pipes and cigarette papers as well as tobacco products.

Retailers are allowed to display tobacco in two incidents:

Requested Display - This is the area allowed to be displayed during a transaction. The maximum requested display area is 120 square centimetres (this equates to an area no greater than one tobacco product).

Incidental Display -The temporary display of tobacco and smoking related products when carrying out prescribed activities in the ordinary course of business is exempt under regulation including:

  • stocktaking;
  • ordering stock;
  • staff training;
  • pricing;
  • cleaning of the premises where the tobacco business is carried on;
  • refurbishment of the premises where the tobacco business is carried on;
  • refitting of the premises where the tobacco business is carried on;
  • restocking.

Price List and Product Information Requirements

Retailers will be able to display three types of price display- product location label, price list and pictorial price lists.

Requirements for all forms of display of prices

They may only contain the following information

  • the brand name of the product;
  • where pre-packed, the number of units in the package or, where sold by weight, the net weight of the product;
  • in relation only to cigars, the country of origin and the dimensions;
  • in relation only to pipe tobaccos, the cut and type of tobacco used; and
  • the price of the product must be printed—
  • in black Helvetica bold or plain type on a white background;
  • in type which has a consistent size throughout the text; and
  • in lower case except that the first letter of a word may be in upper case type.
  • Must not contain any other feature

In addition there are requirements for each form of price lists.

Price List

Where a display is in the form of a price list it must—

  • have the title “Tobacco products/Smoking related products price list”;
  • may include sub-headings for “cigarettes”, “hand rolling tobacco”, “cigars”, “pipe tobaccos”, “other tobacco products” and “smoking related products”.
  • not include the prices of any other products;
  • be worded with characters no higher than 7 millimetres;
  • have no border or frame;
  • not exceed 1250 square centimetres in size; and

There can only be one price list for each separate area where tobacco products or smoking related products are located and can be paid for or where there is more than one till at any such location, one price list for each such till.

Price List Available on Request:

Where a display is in the form of a requested price list —

  • no character of the wording may be greater than 4 millimetres high;
  • the only other feature displayed is a picture of the actual tobacco product or smoking related product, as packaged for sale, where the size of such picture does not exceed 50 square centimetres;


There can only be one price list for each separate area where tobacco products or smoking related products are located and can be paid for; or (b) where there is more than one till at any such location, one price list for each such till.

Additional requirements for displays on price labels:

Where a display is in the form of a price label it must—

  • be on the storage unit where the particular tobacco product or smoking product is kept be worded with characters which are no higher than 4 millimetres;
  • not exceed 9 square centimetres in size;

The limit is one display for each separate location in a storage unit where a particular tobacco product or smoking related product is held.

The consultation also contains draft regulations in the following area:

  • The creation of a registration scheme for tobacco retailers
  • Tobacco Banning Orders
  • Acceptable forms of ID
  • Fixed Penalty Notices for tobacco offences

The consultation is open until July 20 and can be downloaded here:   Tobacco Consultation
 

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.