It is a pleasure to serve under your chairmanship, Mr Dowd. Clauses 23 to 27 relate to restricted premises orders. Restricted premises orders stop sales on a premises whereon a relevant offence has taken place
“whether made—
(a) by the offender or any other person, or
(b) by means of any machine”,
and the orders prohibit 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.”
They can apply, as defined in clause 23, for up to a year, and are designed to tackle persistent offenders.
Clause 23(7) defines a persistent offender, stating:
“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.”
Clause 23(8) defines a relevant offence. It states:
“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(b) an offence under any of the following (which are repealed by this Act)—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).”
For a restricted premises order to be applied, the Bill says that the sale has to take place on the premises. How does this apply to online sales that are collected? I would like an assurance that there is not a loophole for sales whereby someone buys the product online and then collects it at a premises. Also, why are offences under the following clauses not included: clause 4, “Sale of unpackaged cigarettes”; clauses 5 and 6 on age of sale notices; clauses 13 and 14, which contain the display regulations; and clause 15 on the distribution of samples and promotions?
I presume that the relevant offence could be any one of the different offences. For example, I presume that an individual could be convicted for illegally selling vapes on one occasion and tobacco products on another—that it would not necessarily need to be the same product on each occasion. Could the Minister could clarify that? Also, how does the landlord-tenant arrangement work? If the tenant behaves badly and is thrown out of the premises as a result, could the landlord rent the premises to another company or allow another person to run a business on the premises instead? Would that remove the restricted premises order? If it did, how does the Bill prevent another company set up by the same people or their relatives from getting around the restricted premises order?
Clause 24 ensures that those subject to a restricted premises order will know about it, which is obviously important. An applicant must make “reasonable enquiries” to determine
“(a) the occupier of the premises, and
(b) any other person who has an interest in the premises.”
Does that include shop employees? Otherwise, how would a shop employee know, unless their boss told them, that a restricted premises order was in place? Is it the intention that a sign be put up in the building that says so, or would we be reliant on the shopkeeper telling his shop workers?
Clause 25 allows for appeals to the Crown court. How much does the Minister believe that that will cost in a typical case?
Clause 26 provides for penalties for breaches of a restricted premises order, which is only a fine. How much will that fine be? Presumably, it will be substantially more than the relevant offence fines, or what would be the point in having it? If the penalty for repeatedly flouting the same law is a fine that is not much more than the original fine, it will not act as any form of deterrent. Will the Minister give some guidance on how much the fines will be? Also, if an employee—in a shop, for example—was not told that there was a restricted premises order in place, and in good faith sold the product because they believed that that was an okay thing to do, would that be counted as a reasonable defence?
Clause 27 is essentially the same provision, but with respect to Wales. It allows the Welsh to extend the list of relevant offences in Wales, but subsection (2) only allows that if the offence
“relates to tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products.”
If the Secretary of State used his powers under clause 45, which we have not come to yet, to expand the Bill to include products that are used to consume tobacco—such as the bongs that I know interest the Minister so much—then the Secretary of State must get the consent of the Welsh to add them to clause 45. That is sensible, but clause 27(2) would presumably prevent the Welsh Minister from extending the relevant offences. Therefore, does subsection (2) need to say at the end, “or any product added under the provisions of clause 45”?