Retailers must comply with the ban on the display of tobacco, non-tobacco smoking products, and smoking accessories under the Public
Health (Tobacco) Act 2008.
It is up to each retailer to make sure that tobacco products cannot be seen by members of the public from inside or outside the premises.
Note:
- Please refer to Ban on display of tobacco and smoking products in retail outlets for detailed information on the tobacco products display ban, including frequently asked questions on common issues, such as restocking and accepting inventory.
- When this fact sheet refers to tobacco products it means all tobacco products, non-tobacco smoking products, and smoking accessories.
There are many ways in which premises retailing tobacco products may be configured. The images in this fact sheet do not represent a complete list of all possible compliant storage options. This fact sheet is intended to provide general information to retailers and is not legal advice. One option which suits one retailer may not suit another retailer. Choose a storage arrangement that suits your business needs, but make sure that the arrangement meets the display ban requirements under the law.
Consider whether the storage arrangements presented in this fact sheet would be effective for your store layout, particularly whether customers would be exposed to tobacco products in the store. Also consider how your employees’ use of the arrangements may lead to a risk of non-compliance. For example, if doors are left open by staff, the risk of non-compliance will be greater.
Note : The cupboard doors in this arrangement are not mandatory, however stores may wish to utilise these for lockable storage of tobacco products.
Under Section 9 (1) of the
Public Health (Tobacco) Act 2008 the occupier of premises where tobacco products are sold must ensure that members of the public cannot see any of these products, from inside or outside the premises.
This picture depicts the type of storage solutions which may be a suitable, low cost option for small businesses stocking a limited range of tobacco products in a small sized display cabinet (3-5 shelves).
Proprietors utilising an arrangement of this type must note that:
- The tobacco products must only be visible to the customer for the moment when the staff member/sales assistant removes the packet from the shelf for a sale. Immediately after which, the covering must automatically return to a position which completely blocks the remaining tobacco products from view.
- Using these arrangements without appropriate staff training and strict monitoring by the proprietor may increase the risk of non-compliance with the
Public Health (Tobacco) Act 2008 requirements, e.g. failing to close doors/drawers/flaps immediately after retrieving a tobacco product for a customer.
- Authorised inspectors will be regularly monitoring compliance with the display ban provisions of the
Public Health (Tobacco) Act 2008.
To ensure you have access to the latest information, we recommend you visit this page regularly.