Member

39: After Clause 18, insert the following new Clause— “Prohibition of distribution of tobacco products etc in England without a licence(1) An individual must not do any of the following things in the course of business in England, except under the authority of and in accordance with a commercial distribution licence—(a) distribute relevant products to any person;(b) possess relevant products for the purpose of their distribution (by the individual or another person).(2) A person must not in the course of business use or permit the use of premises in England for any of the following except under the authority of and in accordance with a premises distribution licence—(a) the storage of relevant products for the purpose of their distribution (by the person or another person);(b) the supply of relevant products to businesses or wholesale purchasers.(3) The Secretary of State may by regulations creates exceptions to the prohibition in subsection (1) or (2).(4) The Secretary of State must by regulations make provision for and in connection with the grant of commercial distribution licences and premises distribution licences.(5) Before making regulations under this section, the Secretary of State must consult any persons that the Secretary of State considers it appropriate to consult. (6) Schedule (Distributor licensing scheme: England) makes further provision about regulations under subsection (4).(7) Regulations under this section are subject to the affirmative resolution procedure.(8) In this section—“commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1);“distribution” means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail supply;“grant” includes variation or renewal;“licensing authority” has the meaning given by paragraph of Schedule (Distributor licensing scheme: England);“premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2);“relevant products” means—(a) tobacco products;(b) herbal smoking products;(c) cigarette papers;(d) vaping products;(e) nicotine products;“supply” includes despatch;“wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption.”