Smoking (Control of Advertisements and Sale of Tobacco) (Licensing) Regulations 1998

No. S 389

Smoking (Control of Advertisements and Sale of Tobacco Act

(Chapter 309)

Smoking (Control of Advertisements
and Sale of Tobacco) (Licensing)
Regulations 1998

In exercise of the powers conferred by sections 17 and 33 of the Smoking (Control of Advertisements and Sale of Tobacco) Act, the Minister for Health hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Smoking (Control of Advertisements and Sale of Tobacco) (Licensing) Regulations 1998 and shall come into operation on 17th July 1998.

Definitions

2. In these Regulations, unless the context otherwise requires —

“container”, in relation to cigarettes, means a box, tin, packet or other receptacle but does not include any outer wrapper or cellophane or other transparent material;

“licence” means a licence granted by the Director under regulation 5;

“licensee” means a person to whom a licence has been granted;

“retail outlet” means any shop, kiosk, showboard, stall or counter which offers for sale any goods by retail to customers for their own use or consumption only.

Prohibition of sale of tobacco product by retail without licence

3. No person shall at any time on or after 1st September 1998 —

(a)	sell by retail;
(b)	offer for sale by retail;
(c)	possess for sale by retail; or
(d)	permit to be sold or offered,

any tobacco product unless he is the holder of a valid licence in respect of the retail outlet in which he is carrying out any of the activities set out in this regulation.

Application for licence

4.—(1) An application for a licence shall be made to the Director in writing in such form as the Director may determine.

(2) A separate application for a licence shall be made by an applicant for each retail outlet under his care, management or control.

Terms and conditions of licence

5.—(1) The Director may grant a licence in such form and on such terms and conditions as he may determine.

(2) No licensee shall —

(a)	sell by retail, offer for sale by retail, possess for sale by retail or permit to be sold or offered any cigarette which is removed from its container; or
(b)	cause or permit any person who is below the age of 18 years to sell by retail, offer for sale by retail, possess for sale by retail or permit to be sold or offered any tobacco product at the retail outlet for which the licence is granted.

(3) A licence granted under this regulation may be valid for one, 2 or 3 years from the effective date on the licence as the Director may determine.

(4) The fee payable for the grant or renewal of a licence shall be $180 per year.

Renewal of licence

6.—(1) A licensee may make an application to the Director, in such form as the Director may determine, to renew his licence upon its expiry.

(2) The Director may renew a licence for one, 2 or 3 years from the date of expiry on such terms and conditions as he may determine.

Replacement of licence

7.—(1) A licensee may make an application to the Director for a duplicate licence to replace a licence which has been lost or destroyed.

(2) The fee payable upon the issue of the duplicate licence shall be $30.

Changes in particulars

8.—(1) A licensee shall inform the Director of any changes in the particulars contained in his licence or application for a licence not later than 7 days after the changes have been effected.

(2) Where the changes submitted under paragraph (1) require the re-issue of a licence incorporating such changes, the fee payable upon the re-issue of a licence shall be $30.

Display of licence

9. A licensee shall display or cause to be displayed at all times the licence granted in respect of his retail outlet in a conspicuous and accessible position within the retail outlet.

Revocation and suspension of licence

10.—(1) The Director may, if he is satisfied that a licensee is in breach of any term or condition contained in the licence or any of the provisions of the Act or these Regulations, revoke or suspend his licence.

(2) The Director shall notify the licensee in writing of such revocation or suspension of his licence by registered post or such other means as the Director may determine.

(3) The effective date of the revocation or suspension of the licence shall be —

(a)	where a date is specified in the written notice as referred to in paragraph (2) as the effective date of the revocation or suspension of the licence, that date so specified; or
(b)	where no date is specified in the written notice as the effective date of the revocation or suspension of the licence, the date on which the licensee receives the written notice.

(4) The licensee shall surrender the licence to the Director within 7 days from the effective date of the revocation or suspension of the licence.

Cancellation of licence

11.—(1) The Director may cancel a licence granted under these Regulations in respect of any retail outlet if the licensee ceases to carry on business in respect of that retail outlet.

(2) Where a licence is cancelled under this regulation, the Director may, in his discretion, allow a refund of one-twelfth of the fee specified in regulation 5(4) for each month in respect of which the licence would have remained valid had it not been cancelled.

Prohibition of transfer, assignment or disposal of licence

12. A licensee shall not transfer, assign or otherwise dispose of any licence granted in respect of any retail outlet.

13.—(1) The Director shall maintain a register in which there shall be entered the particulars of every retail outlet in respect of which a licence under these Regulations has been granted and the particulars of the licensee thereof.

(2) The register shall be in such form as the Director may determine and shall be kept up to date.

Duty of wholesaler

14. No person shall, by way of wholesale dealing, supply or permit to be supplied any tobacco product to any person other than a licensee of a retail outlet in respect of which a licence under these Regulations has been granted.

Penalty

15. Any person who fails to comply with or contravenes regulation 5(2), 8(1), 9, 10(4), 12 or 14 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

Made this 15th day of July 1998.

MOSES LEE KIM POO

Second Permanent Secretary,
Ministry of Health,
Singapore.

[PD (SCU) 78:29/3 Vol.3; AG/LEG/SL/309/98/1 Vol. 1]

(To be presented to Parliament under section 33 of the Smoking (Control of Advertisements and Sale of Tobacco) Act).

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