Tobacco promotion in shops (FOI-3878)
Dear ***** *****,
Re: Freedom of Information Request.
Thank you for your request for information under the Freedom of Information Act 2000, received 7 August 2019. Your request has been considered and our response is in bold below.
You requested the following:
I would like to please request the following information under the FOI act. My request concerns any breaches or suspected breaches of the following legislation within your local authority:
- The Tobacco Advertising and Promotion (Display) (England) Regulations 2010
- The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010
I am interested in finding out:
(a) the total annual number of reported instances of a suspected breach in the two regulations listed above, for each year since the regulation came into force for all outlets in April 2015.
In addition, where possible please also provide the following for each year:
b) The total annual number of fines and/or sentences issued following a reported instance of a suspected breach
c) The total number of warnings issued following a reported instance of a suspected breach
d) A percentage breakdown of the varying reasons why a store is found to be in breach
e) The total annual number of cases found not to be in breach
f) The total annual number of cases pending further investigation
The Council’s Response
a) As part of inspections of retail premises undertaken by Hackney Trading Standards Service, the following number of breaches of The Tobacco Advertising and Promotion (Display) (England) Regulations 2010 were reported:
2015 - 4 reported breaches
2016 - no reported breaches
2017 - 4 reported breaches
2018 - no reported breaches
2019 - 27 reported breaches
There have been no reported breaches of the The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010 since 2015.
b) There were no fines and/or sentences issued in respect of any of the alleged breaches, as formal legal proceedings were not undertaken.
c) Warnings were issued in every case where there was an alleged breaches of the Tobacco Advertising and Promotion (Display) (England) Regulations 2010.
d) The following reasons were reported for breaches of the Tobacco Advertising and Promotion (Display) (England) Regulations 2010:
2015 - Tobacco gantry shutter not closed = 25%
- Inadequate tobacco gantry showing some tobacco products= 75%
2016 - N/A
2017 - Tobacco gantry shutter not closed = 25%
- Blunt wraps on display = 75%
2018 - N/A
2019 - Blunt wraps on display = 22.2%
- Inadequate tobacco gantry showing some tobacco products= 63%
- Overstocked tobacco products visible= 7.4%
- Gantry left shutter not closed = 7.4%
e) The total number of premises inspected and found not to be in breach of the two aforementioned pieces of legislation are as follows:
2015 - 108
2016 - 21
2017 - 21
2018 - 15
2019 - 33
f) There were no cases which required further investigation, other than a re-visit in some cases to ensure the tobacco gantry fully covered tobacco products.
Appeals & Complaints Procedure
If you are dissatisfied with this response and wish to appeal, please write to the Information Management Team and this will be dealt with through our Internal Review procedure.
Information Management Team - Governance
London Borough of Hackney
Hackney Service Centre
1 Hillman Street
London E8 1DY
Your request for an internal review should be submitted to us within 40 working days of receipt by you of this response. Any such request received after this time will only be considered at the discretion of the Council.
If you are still not satisfied following the Internal Review, you have a right to appeal to the Information Commissioner at the contact details provided below.
Information Commissioner"s Office
Telephone: 01625 545 700
Information Management Team
London Borough of Hackney