Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023

Prohibition on sale of tobacco products or nicotine inhaling products by child

27. (1) Subject to subsection (2), a person shall not permit a child to sell by retail a tobacco product or a nicotine inhaling product on or from any premises or from a website (or otherwise online) in respect of which a licence is in force authorising the sale of the products concerned.

(2) A person may permit a child who is aged 16 years or over to sell by retail a tobacco product or a nicotine inhaling product on or from premises or from a website (or otherwise online) in respect of which a licence authorising the sale of the products concerned is in force if and only if the child is the licensee’s sister, step-sister, daughter, step-daughter, sister-in-law, brother, step-brother, son, step-son or brother in-law.

(3) A person who contravenes subsection (1) commits an offence.

(4) In proceedings for an offence under this section, it shall be presumed, until the contrary is shown, that the person to whom the offence relates was, at the time of the alleged offence, a child.