Tobacco and Vapes Act 2026
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Change 1
23 Restricted premises orders
(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which the offence was committed (“the relevant premises”). (2) A magistrates’ court may make the restricted premises order only if satisfied that the applicant has complied with section 24(1) (notice to interested persons). (3) A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following— (a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products. (4) The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person. (5) A restricted premises order has effect for the period specified in the order, which may not exceed one year. (6) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975. (7) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises. (8) In this section “relevant offence” means— (a) an offence under any of the following provisions of this Part— (i) section 1 (sale of tobacco etc to people born on or after 1 January 2009); (ii) section 3 (tobacco vending machines); (iii) section 10 (sale of vaping or nicotine products to under 18s); (iv) section 12 (vaping and nicotine product vending machines); (b) an offence under any of the following (which are repealed by this Act)— (i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s); (ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines); (iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).
23 Restricted premises orders
(1) Where a person convicted of a relevant offence is a persistent offender, the person who brought the proceedings for the offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which the offence was committed (“the relevant premises”). (2) A magistrates’ court may make the restricted premises order only if satisfied that the applicant has complied with section 24(1) (notice to interested persons). (3) A “restricted premises order” is an order prohibiting the sale on the relevant premises of any one or more of the following— (a) tobacco products; (b) herbal smoking products; (c) cigarette papers; (d) vaping products; (e) nicotine products. (4) The prohibition imposed by a restricted premises order applies to sales whether made by the offender or any other person. (5) A restricted premises order has effect for the period specified in the order, which may not exceed one year. (6) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975. (7) A person convicted of a relevant offence is a “persistent offender” for the purposes of this section if, on at least two other occasions within the period of two years ending with the date of the offence, the person committed a relevant offence in relation to the relevant premises. (8) In this section “relevant offence” means— (a) an offence under any of the following provisions of this Part— (i) section 1 (sale of tobacco etc to people born on or after 1 January 2009); (ii) section 3 (tobacco vending machines); (iii) section 10 (sale of vaping or nicotine products to under 18s); (iv) section 12 (vaping and nicotine product vending machines); (b) an offence under any of the following (which are repealed by this Act)— (i) section 7 of the Children and Young Persons Act 1933 (sale of tobacco, etc., to under 18s); (ii) section 3A of the Children and Young Persons (Protection from Tobacco) Act 1991 (tobacco vending machines); (iii) section 92 of the Children and Families Act 2014 (sale of nicotine products to under 18s).
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