McGimpsey launches consultation on retailer sanctions

A consultation on whether further sanctions against retailers who repeatedly sell tobacco products to under 18s should be introduced in Northern Ireland, has been launched today.

At present it is an offence here to sell tobacco products to persons under 18 years of age. A person found guilty of such an offence is liable to a fine of up to £2,500. In spite of this, children and young people under 18 are still obtaining cigarettes illegally with research showing that shops are their most popular source.

Launching the consultation, Michael McGimpsey said: “Smoking kills and I want that message to be heard loud and clear by children and young people and by those retailers who supply cigarettes to them.

“It is quite startling to learn that almost 9% of our 11 to 16 year olds are already regular smokers and we know that this invariably leads to the habit continuing into adulthood. This is particularly worrying considering that children are three times more likely to die of cancer due to smoking than someone who starts in their mid-twenties.

“I therefore want to prevent children and young people from adopting the smoking habit in the first place.”

The Department’s preferred option is to combine a registration scheme with a negative licensing system. This would mean that a retailer must be registered to sell tobacco and, where a retailer commits 3 offences within a two year period, a prohibition order may be served which could last for up to 12 months.

Earlier this year, a test survey carried out by officers of a local District Council revealed that of 47 retail premises tested in the area, 21 retailers sold cigarettes to a 14 year old girl.

The Minister concluded: “I am determined to tackle this health issue and wish to seek views on whether further sanctions against retailers who continue to flout the underage law on tobacco should be introduced here similar to measures already introduced in the other UK countries and in the Republic of Ireland.”

The consultation is available on the DHSSPS website and will last 13 weeks from 14 December 2009 to 12 March 2010.

Notes to editors:

1. Copies of the consultation document are available on the Department’s website.

2. The consultation presents a number of options on which views are being sought; These include:-

• Registration of tobacco retailers (places a requirement on retailers selling tobacco products to register with a specified agency. This option would provide enforcement bodies with a complete list of tobacco retailers and allow them to verify compliance with the law on underage sales).
• A negative licensing scheme (not technically a licensing scheme but would create an additional penalty for breaking the law on under age sales. If persistent flouting of the law occurs the retailer’s right to sell tobacco products could be suspended or withdrawn).
• A positive licensing scheme (retailers would be obliged to apply for a licence before legally selling tobacco products. Compliance with tobacco control legislation would be linked with the right to sell tobacco products).
• Combining a registration scheme with a negative licensing system (this would provide a similar outcome to a positive licensing system but would have the advantage of not requiring the economic and administrative burdens associated with positive licensing).

In England and Wales new legislation on retailer sanctions came into force on 1 April 2009. This was by a negative licensing system which allows magistrates to impose orders banning sales of tobacco products for up to a year for persistent flouting of the age of sale law.

3. Scotland introduced a Bill on 25 February 2009 which allows for a tobacco retail register and for tobacco retail banning orders. Their legislation also provides for fixed penalty notices to be served on retailers.

4. The Republic of Ireland introduced a retail register for tobacco product sellers as part of a package of tobacco control measures which came into effect from 1 July 2009. Any offence in relation to the new legislation can result in a ban from selling tobacco products for up to three months.

5. Press enquiries to the DHSSPS Press Office on 028 90520575, out of office hours please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.