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| Specialist tobacconists. |
6. - (1) It is a defence for a person charged with an offence under section 2 to prove that the tobacco advertisement-
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(a) was in, or fixed to the outside of the premises of, a specialist tobacconist, |
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(b) was not for cigarettes or hand-rolling tobacco, and |
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(c) complied with any requirements specified by the appropriate Minister in regulations in relation to tobacco advertisements on the premises of specialist tobacconists. |
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(2) A specialist tobacconist is a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.
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(3) The sales referred to in subsection (2) are to be measured by sale price-
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(a) during the most recent period of twelve months for which accounts are available, or |
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(b) during the period for which the shop has been established, if it has not been established long enough for twelve months' accounts to be available. |
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(4) "Shop", in subsections (2) and (3), includes a self-contained part of a shop; and, in that case, "premises" in subsections (1) and (2) means that self-contained part of the shop.
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| Developments in technology. |
7. The Secretary of State may by order amend any provision of this Act if he considers it appropriate to do so in consequence of any developments in technology relating to publishing or distributing by electronic means.
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| Prohibition of free distributions. |
8. - (1) A person is guilty of an offence if in the course of a business he-
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(a) gives any product or coupon away to the public in the United Kingdom, or |
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(b) causes or permits that to happen, |
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and the purpose or effect of giving the product or coupon away is to promote a tobacco product. |
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(2) It does not matter whether the product or coupon accompanies something else, or is given away separately.
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(3) It is not an offence under subsection (1) to give away a product or coupon, for the purposes of the tobacco trade, to persons engaged in any capacity in that trade (even if they are also engaged in another trade).
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(4) It is a defence for a person charged with an offence under this section to prove-
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(a) if it is alleged that the purpose of giving the product or coupon away was to promote a tobacco product, that he did not know and had no reason to suspect that that was its purpose, or |
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(b) if it is alleged that the effect of giving the product or coupon away was to promote a tobacco product, that he could not reasonably have foreseen that that would be its effect. |
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(5) "Coupon" means a document or other thing which (whether by itself or not) can be redeemed for a product or service or for cash or any other benefit.
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(6) The Secretary of State may make regulations providing for this section to apply to making products or coupons available for a nominal sum as it applies to giving them away.
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(7) The regulations may provide that this section is to apply in that case with such modifications (if any) specified in the regulations as the Secretary of State considers appropriate.
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| Prohibition of sponsorship. |
9. - (1) A person who is party to a sponsorship agreement is guilty of an offence if the purpose or effect of anything done as a result of the agreement is to promote a tobacco product in the United Kingdom.
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(2) A sponsorship agreement is an agreement under which a party to it makes a contribution towards something, whether the contribution is in money or takes any other form (for example, the provision of services or of contributions in kind).
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(3) It is a defence for a person charged with an offence under this section to prove-
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(a) if it is alleged that the purpose of what was done as a result of the agreement was to promote a tobacco product in the United Kingdom, that he did not know, and had no reason to suspect, that that was its purpose, or |
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(b) if it is alleged that the effect of what was done as a result of the agreement was to promote a tobacco product in the United Kingdom, that he could not reasonably have foreseen that that would be its effect. |
| Brandsharing. |
10. - (1) The Secretary of State may by regulations make provision prohibiting or restricting, in such circumstances and subject to such exceptions as may be specified in the regulations, the use-
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(a) in connection with any service or product (other than a tobacco product), of any name, emblem or other feature of a description specified in the regulations which is the same as, or similar to, a name, emblem or other feature so specified which is connected with a tobacco product, or |
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(b) in connection with any tobacco product, of any name, emblem or other feature of a description specified in the regulations which is the same as, or similar to, a name, emblem or other feature so specified which is connected with any service or product other than a tobacco product. |
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(2) Provision made by virtue of subsection (1) may prohibit or restrict only that use whose purpose is to promote a tobacco product, or whose effect is to do so.
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(3) A person who contravenes a prohibition or restriction contained in regulations made under this section is guilty of an offence.
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| Television and radio broadcasting. |
11. - (1) In this section "the 1990 Act" means the Broadcasting Act 1990 and "the 1996 Act" means the Broadcasting Act 1996.
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(2) This Act does not apply in relation to a tobacco advertisement included in a service to which any of subsections (3) to (6) apply.
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(3) This subsection applies to a service which-
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(a) falls within section 2(1) of the 1990 Act (television services, etc. regulated under Part I of the 1990 Act or Part I of the 1996 Act), and |
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(b) is not an additional service within the meaning of section 48(1) of the 1990 Act other than a teletext service. |
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(4) This subsection applies to a local delivery service within the meaning of section 72 of the 1990 Act.
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(5) This subsection applies to a service falling within section 84 of the 1990 Act (independent radio services regulated under Part III of the 1990 Act or Part II of the 1996 Act) other than a digital additional service within the meaning of section 63(1) of the 1996 Act.
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(6) This subsection applies to a service provided by the British Broadcasting Authority or S4C (the Welsh Authority continued in existence by section 56 of the 1990 Act).
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