Cardiff Council’s Trading Standards is reminding businesses that from 1st February 2012 it will be illegal to sell cigarettes (or any other tobacco product) from an automatic vending machine in Wales to any person – regardless of age.
After 1 February 2012, it will also be against the law to display advertisements or pictures of tobacco products on vending machines.
The legislation does not ban vending machines themselves. Vending machines can stay in their current position if they are no longer used to sell tobacco products and all advertisements of tobacco products are removed from them or covered up.
Cigarettes could however, be dispensed from a vending machine located behind a bar, provided that the machine is positioned where the owner or manager of the premises can guarantee that it is impossible for any member of the public to use the machine.
However, the advertisements or pictures of tobacco products on vending machines will still need to be removed because the current exemption allowing advertisements on vending machines will no longer apply. Deputy Leader of Cardiff Council, Councillor Judith Woodman, said: “This ban marks a significant step forward in reducing the availability of tobacco products to children and young people. We know that many young people buy cigarettes from these machines because they are often situated in unsupervised locations.”
“It is essential that we do all we can to stop children and young people getting access to tobacco because of the obvious health risks and because we know that most people who take up smoking do so as young teenagers.” Any person found guilty of the offence of selling tobacco from a vending machine is liable on summary conviction to a fine not exceeding level 4 (£2,500) on the standard scale.
Any person found guilty of an offence in relation to tobacco advertisements is liable to a more serious penalty. These are:
- on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 (£5,000) on the standard scale, or both; or
- on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
Guidance for businesses with vending machines on site can be found at: http://wales.gov.uk/topics/health/publications/health/guidance/ban/?lang=en
