Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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PART 2 Licence for Sale of Tobacco Products or Nicotine Inhaling Products | ||
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Application for licence | ||
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11. (1) Subject to subsections (2), (3), (4) and (5), a person (in this Act referred to as the “applicant”) who, on or after the commencement of this section, wishes to sell by retail— | ||
(a) tobacco products, | ||
(b) nicotine inhaling products, or | ||
(c) tobacco products and nicotine inhaling products, | ||
on or from a premises or from a website (or otherwise online) shall apply to the Executive for a licence authorising such sale by retail by the person in respect of the premises or website (or otherwise online) as is specified in the application. | ||
(2) A person who wishes to sell by retail the products referred to in subsection (1) on or from more than one premises or website shall make a separate application under subsection (1) for a license in respect of each such premises or website, as the case may be. | ||
(3) A person may not apply for a licence unless he or she is aged 18 years or over. | ||
(4) A person may not apply for a licence for the sale by retail of tobacco products or nicotine inhaling products on or from an excluded premises. | ||
(5) Where a licence is suspended by order of the court under section 39 , the licensee concerned may not make an application under subsection (1) during that period of suspension. | ||
(6) An application under this section shall be made in such form and manner as may be prescribed and shall specify— | ||
(a) the name of the applicant and address at which he or she ordinarily resides, or in the case of a company, the registered office of the company, | ||
(b) where the applicant proposes to carry on the sale by retail of tobacco products or nicotine inhaling products concerned under a trading name, that trading name and legal identity, | ||
(c) where the applicant is a body corporate, the name of each relevant officer and address at which he or she ordinarily resides and the address of his or her principal office or place of business, | ||
(d) where the application is in respect of a premises, the address of the premises, | ||
(e) where the application is in respect of online sales, the name and electronic address or web address of any website (or other location online) operated and maintained by the applicant through which the tobacco products or nicotine inhaling products are to be sold, | ||
(f) whether the application relates to the sale by retail of tobacco products, nicotine inhaling products or both, and | ||
(g) such other information as may be prescribed. | ||
(7) An application for a licence shall be accompanied by— | ||
(a) the fee prescribed under section 18 , | ||
(b) a tax clearance certificate in force relating to the applicant, | ||
(c) a declaration signed by the applicant, or a relevant officer as the case may be, that, as at the date of the declaration, the applicant has complied with all requirements imposed on the applicant by tobacco control legislation, and | ||
(d) such other information as may be prescribed. | ||
(8) At any time after receiving an application and before determining the application, the Executive may by notice in writing, require the applicant to provide additional information to it and where the Executive does so, the applicant shall comply with that requirement. | ||
(9) An applicant who knowingly or recklessly provides false or misleading information to the Executive under subsection (6), (7)(b), (7)(c), (7)(d) or (8) commits an offence. | ||
(10) A person who, immediately before the commencement of this section, was registered under section 37 of the Act of 2002 to carry on, in whole or in part, sale by retail of tobacco products shall, if he or she wishes to continue to so carry on such business on or after such commencement, apply not later than— | ||
(a) 6 months, or | ||
(b) the expiration of such longer period as may be prescribed, | ||
after such commencement to the Executive for a licence under this section, and where the person does so, that person may continue to carry on, in whole or in part, sale by retail of tobacco products in accordance with such registration pending a decision by the Executive on that application. | ||
(11) A person who, immediately before the commencement of this section, was carrying on the sale by retail of nicotine inhaling products, shall, if he or she wishes to continue the sale of such products after such commencement, apply not later than— | ||
(a) 6 months, or | ||
(b) the expiration of such longer period as may be prescribed, | ||
after such commencement to the Executive for a licence under this section, and where the person does so, that person may continue to carry on the sale by retail of nicotine inhaling products pending a decision by the Executive on that application. | ||
(12) In this section, “excluded premises” means a temporary or moveable premises other than a ship that carries passengers on commercial voyages between a place in the State and a place outside the State. |