Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023
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Order of court consequent upon conviction of offence | ||
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39. (1) If a licensee is convicted of a category A or category B offence, the court shall, in addition to any fine or term of imprisonment imposed by the court in respect of the offence, order that the licence be suspended in accordance with subsection (2). | ||
(2) Where the court is suspending a licence in accordance with subsection (1), such licence shall be suspended— | ||
(a) in relation to a category B offence— | ||
(i) in the case of a summary conviction of a first offence, for such period as is specified in the order of not less than 2 days and no more than 7 days, or | ||
(ii) in the case of a summary conviction of a second or subsequent offence, for such period as is specified in the order of not less than 7 days and not more than 30 days, | ||
or | ||
(b) in relation to a category A offence— | ||
(i) in the case of a summary conviction of a first offence, for such period as is specified in the order of not less than 7 days and not more than 30 days, | ||
(ii) in the case of a summary conviction of a second or subsequent offence, for such period as is specified in the order of not less than 30 days and not more than 3 months, or | ||
(iii) in the case of a conviction on indictment of the offence, for such period as is specified in the order of not less than 30 days and not more than 12 months. | ||
(3) A period specified in an order under this section shall not commence until— | ||
(a) the expiration of any period during which the conviction may be appealed, or | ||
(b) where the conviction is appealed and affirmed, the date of the decision of the court before which the appeal is heard affirming the conviction. | ||
(4) A person in respect of whom an order under subsection (1) is made shall, during the period specified in the order, be deemed not to hold a licence for the premises or website (or other online location) concerned where the offence was committed. | ||
(5) In this section— | ||
“category A offence” means an offence under— | ||
(a) section 11 (9), 25 , 26 (3) or 28 (2), | ||
(b) section 33A(2), 36, 38(1), 38(2), 38(7), 38(8), 38(9), 43(1), 43(3), 43(4), 48(8), 48(12) or 53 of the Act of 2002, or | ||
(c) Regulation 8, 22, 27, 29 or 44 of the Regulations of 2016; | ||
“category B offence” means an offence under section 27 (3). |