Tobacco Products Duty Act 1979
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Change 1
8H Offences: use of premises for sale of unmarked tobacco.
(1) A manager of premises commits an offence if he suffers the premises to be used for the sale of unmarked products. In this section “ unmarked products ” has the same meaning as in section 8G above. (2) It is a defence for a person charged with an offence under subsection (1) above to prove that the unmarked products were not required by virtue of this Act to carry a duty-paid fiscal mark. For this purpose “ duty-paid fiscal mark ” has the same meaning as in section 8G above. (3) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A court by or before which a person is convicted of an offence under subsection (1) above may make an order prohibiting the use of the premises in question for the sale of tobacco products during a period specified in the order. (5) The period specified in an order under subsection (4) above shall not exceed six months; and the first day of the period shall be the day specified as such in the order. (6) A manager of premises commits an offence if he suffers the premises to be used in breach of an order under subsection (4) above. (7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (8) For the purposes of this section a person is a manager of premises if he— (a) is entitled to control their use, (b) is entrusted with their management, or (c) is in charge of them.
8H Offences: use of premises for sale of unmarked tobacco.
(1) A manager of premises commits an offence if he suffers the premises to be used for the sale of unmarked products. In this section “ unmarked products ” has the same meaning as in section 8G above. (2) It is a defence for a person charged with an offence under subsection (1) above to prove that the unmarked products were not required by virtue of this Act to carry a duty-paid fiscal mark. For this purpose “ duty-paid fiscal mark ” has the same meaning as in section 8G above. (3) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (4) A court by or before which a person is convicted of an offence under subsection (1) above may make an order prohibiting the use of the premises in question for the sale of tobacco products during a period specified in the order. (5) The period specified in an order under subsection (4) above shall not exceed six months; and the first day of the period shall be the day specified as such in the order. (6) A manager of premises commits an offence if he suffers the premises to be used in breach of an order under subsection (4) above. (7) A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (8) For the purposes of this section a person is a manager of premises if he— (a) is entitled to control their use, (b) is entrusted with their management, or (c) is in charge of them.
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