Singapore licenses retailers (fwd)

[Robert Weissman <rob@essential.org>]

Judith Mackay forwards the following:


                SINGAPORE LICENSES RETAILERS


CONDITIONS
- From 1 Sept 1998, all shops selling cigarettes in
Singapore need to be licensed. A one-year licence costs
US$100. Retailers can apply for a 1 year, 2 year or 3 year
licence. 
   
The new regulation also:
-  requires retailers to verify the age of buyer before
making a sale
- prohibits employing under-18s as sales persons
- prohibits the sale of loose sticks. 

PENALTIES
a)  FINES: Fines for selling without licence is US$1,140.
Retailers who sell to under-18s can be fined (higher fines).

b)  LOSS OF LICENCE: If retailers are in breach of any term
or condition contained in the licence, their licence can be
revoked or suspended.

Here is a copy of the Singapore law (for your understanding
I have added in the conversions to US$ which are, of course,
not in the original law).

Judith Mackay

========================================================
1243                            S 389/98

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

ARRANGEMENT OF REGULATIONS

Regulation
1.   Citation and commencement
2.   Definitions
3.   Prohibition of sale of tobacco product by retail
     without licence
4.   Application for licence
5.   Terms and conditions of licence
6.   Renewal of licence
7.   Replacement of licence
8.   Changes in particulars
9.   Display of licence
10.  Revocation and suspension of licence
11.  Cancellation of licence
12.  Prohibition of transfer, assignment or disposal of
     licence
13.  Register of licences
14.  Duty of wholesaler
15.  Penalty

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 (US$100) 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 (US$17).

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 (US$17).

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 tile 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.

Register of licences

13.-(l) 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.

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 (US$1,140)

Made this 15th day of July 1998.

MOSES LEE KIM POO
Second Permanent Secretary,
Ministry of Health,
Singapore.

end