THE RETAIL BULLETIN - The home of retail news
HOME
RETAIL NEWS
RETAIL EVENTS
Fashion
Department Stores
Shopping Centres & Retail Parks
Home & DIY
Electricals
Health & Beauty
General Merchandise
Entertainment
Sports & Leisure
Retail Solutions
Food & Drink
RETAIL INSIGHTS
RETAIL SOLUTIONS
ABOUT US
CONTACT US
SUBSCRIBE FOR FREE

HOME  |  LEGAL
Government ban on cigarette displays to face legal challenge

Following claims by Lord Pannick, one of the country's leading QCs, that a government scheme to ban Britain’s shops from displaying cigarettes would be 'unenforceable' and carry no legal weight, David Young, partner at international law firm Eversheds comments:

LEGAL

Government ban on cigarette displays to face legal challenge

"It was not long ago that the Government was embarrassed by the discovery that the 1984 Video Recordings Act was potentially unenforceable, despite having been in force for 25 years in the UK. The story was newsworthy because the Act regulated the sale and supply of age-related products. The embarrassment was due to a failure by the UK to notify the European Commission prior to its passage into law. It seems almost inconceivable that a similar oversight might have occurred so soon after that one and the reality is that it probably did not. The relevant provisions in the Health Bill will have pre-dated the discovery of the European legal point.

“The Health Bill story is newsworthy because it is about smoking. Similar to videos and DVDs, there is an age-related element in play, engaging the State's responsibility (or putative right) to regulate our decision-making. Many people feel strongly about these topics and that is another reason why they are newsworthy - they prompt opinion and response.

“In reality, if a technical legal issue has been identified, it can probably be put right without much fuss. In the case of the Video Recordings Act, even after 25 years of enforcement which was arguably unlawful, there was no rush by retailers to behave otherwise than in accordance with the Act and no rush to the courts to seek to overturn convictions (at least, none that have been reported). No doubt if such a case is pending we shall be told all about it as soon as it is due for hearing - because it is newsworthy and because we shall probably have a view."

Email this article to a friend

You need to be logged in to use this feature.

Please log in here

Subscribe For Retail News

RETAIL EVENTS

Retail Human Resources Summit
Retail Human Resources Summit
Wednesday 3 October 2018
The Cavendish Conference Centre, London W1
The 10th HR Summit 2018, The Cavendish Conference Centre, London W1, 3rd October 2018
The Retail Design Summit 2018
The Retail Design Summit 2018
14 November 2018
The Cavendish Conference Centre
The Retail Design Summit 2018
Omnichannel Futures Conference 2019
Omnichannel Futures Conference 2019
6 February 2019
Cavendish Conference Centre, London WG1 9DT
A truly omnichannel offering requires an understanding of customer behaviour across all shopping channels and how this should impact your overall business strategy
Customer Engagement Conference 2019
Customer Engagement Conference 2019
5 June 2019
Cavendish Conference Centre, London W1
The 10th Annual Retail Customer Engagement Summit
National Minimum Wage Breakfast Briefing
National Minimum Wage Breakfast Briefing
20 September 2018
6th Floor 1, St. Martin's Le Grand London, EC1A 4AS
National Minimum Wage Breakfast Briefing