Part 2Licences

Part 2—Licences 6—Requirement for licence (1) A person must not— (a) carry on the business of selling tobacco products by retail; or (b) hold themself out as carrying on such a business, unless the person holds a retail licence. (2) A person must not— (a) carry on the business of selling tobacco products by wholesale; or (b) hold themself out as carrying on such a business, unless the person holds a wholesale licence. 7—Licences (1) The Minister may, on application by a person, issue or refuse to issue a licence under this Part which authorises the person, subject to this Act and the conditions of the licence, to sell tobacco products— (a) by retail (a retail licence); or (b) by wholesale (a wholesale licence). (2) An application for a licence must— (a) be made to the Minister in a manner and form determined by the Minister; and (b) contain the information required by the Minister; and (c) be accompanied by the prescribed fee. (3) The Minister must, before granting a licence, be satisfied that— (a) the applicant is a fit and proper person to hold the licence; and (b) if the applicant is a trust or corporate entity—that each person who occupies a position of authority in the trust or corporate entity is a fit and proper person to occupy such a position in an entity holding such a licence. 8—Application for licence to be given to Commissioner of Police (1) The Minister must, in relation to each application for a licence— (a) give the Commissioner of Police a copy of the application; or (b) notify the Commissioner of Police of the identity of the applicant or, if the applicant is a trust or corporate entity, the identity of each person who occupies a position of authority in the trust or corporate entity. (2) As soon as reasonably practicable following receipt of an application, or information in respect of an application, the Commissioner of Police— (a) must make available to the Minister such information about criminal convictions as the Commissioner of Police considers relevant to whether the application should be granted; and (b) may make available to the Minister such other information to which the Commissioner of Police has access and considers relevant to whether the application should be granted. 9—Conditions of licence (1) The Minister may impose a condition on a licence, or vary or revoke a condition of a licence— (a) on application by the holder of the licence; or (b) on the grant or suspension of a licence; or (c) on application by the Commissioner of Police; or (d) at any time on the Minister's own initiative. (2) Without limiting subsection (1), a condition of a licence may limit the sale of tobacco products, including by— (a) preventing the holder of the licence from selling such products except at a place or places specified in the condition; or (b) restricting the points of sale of such products within the place or places at which the holder of the licence may sell such products under the licence; or (c) restricting the manner and circumstances in which such products may be sold; or (d) restricting the wholesale of such products to persons unless the person holds a specified authorisation (whether under this or any other Act or law). (3) Before imposing, varying or revoking a condition under subsection (1)(c) or (d), the Minister must— (a) give notice in writing to the holder of the licence of the proposed imposition, variation or revocation of the condition; and (b) allow the holder of the licence a period of 28 days (or such longer period as the Minister may in any particular case allow) to show cause why the condition should not be imposed, varied or revoked. (4) It is a condition of a licence that the holder of the licence must— (a) keep and retain information relevant to the business carried out under the licence in accordance with the requirements of the regulations; and (b) provide such information to the Minister in the manner prescribed by the regulations— (i) at the prescribed times; or (ii) at any other time on the written request of the Minister. (5) The holder of a licence must not contravene a condition of the licence. 10—How licences are to be held (1) A licence may be held jointly by 2 or more persons. (2) If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable for any civil or criminal liability that attaches to the holder of the licence under this Act. (3) If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust— (a) the name of the trust is to be specified in the licence; and (b) the trust is to be considered as an entity holding the licence jointly with the trustee. 11—Annual fee and return (1) The holder of a licence (including the holder of a licence that has been suspended) must, in each year, not later than the day fixed by the regulations— (a) pay to the Minister an annual fee; and (b) provide to the Minister an annual return in the manner and form, and containing the information, required by the Minister. (2) If the holder of a licence fails to pay the annual fee or provide the annual return in accordance with subsection (1), the Minister may, by notice in writing, require them to make good the default. (3) If the holder of the licence fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence is cancelled. (4) The Minister must notify the holder of the licence in writing of the cancellation of the licence. 12—Notification of certain changes in holder of licence (1) The holder of a licence must, within 14 days after a change in any prescribed particulars, notify the Minister in writing of that change. (2) If a person assumes, or ceases to occupy, a position of authority in a trust or corporate entity that holds a licence, the holder of the licence must, within 14 days of the person assuming or ceasing to occupy that position— (a) notify the Minister in writing of the name of the person who has assumed, or ceased to occupy, the position; and (b) in the case of a person who has assumed a position of authority in a trust or corporate entity—provide the Minister with any information required by the Minister for the purposes of determining whether the person meets the requirements of section 7(3). (3) The Minister may give a copy of a notice received under subsection (2) to the Commissioner of Police. (4) As soon as reasonably practicable following receipt of a notice under subsection (3), the Commissioner of Police— (a) must make available to the Minister information about criminal convictions; and (b) may make available to the Minister other information to which the Commissioner of Police has access, relevant to whether the person identified in the notice is a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence. prescribed particulars means the following: (a) the business or trading name under which the holder of the licence carries on business; (b) any address for service or other email address, telephone number or street or postal address provided by the holder of the licence for purposes connected with the licence; (c) any other particulars prescribed by the regulations. 13—Surrender of licence The holder of a licence may, at any time by notice in writing to the Minister, surrender their licence, at which time the licence ceases to have effect.