Tobacco-related closure powers

We can close any premises where illicit tobacco is being sold, supplied or possessed. This includes both licensed and unlicensed premises.

This can stop businesses from selling illicit tobacco while we consider other enforcement action, including prosecution.

Significant penalties apply to anyone who enters, operates from or makes a sale from premises that we close.

These powers and penalties help protect legitimate businesses that comply with the law.

When we close a premises

The premises must stop operating completely until the closure ends.

This means that:

• a premises cannot sell any products – the closure is not just limited to tobacco products
• no one can enter a closed premises without lawful authority
• we will clearly display a closure notice or order at the premises
• we add information about the premises to our list of closed shops.

Displaying closure notices and orders

To help prevent unlawful access or trading, a copy of the notice will be clearly displayed at or near the entrance to the premises. This helps members of the public, customers and suppliers know that the premises has been legally ordered to close.

Anyone who removes, damages or interferes with a displayed closure notice or order may face significant penalties.

Partial closures

There are certain situations where a closure is not appropriate. In these cases, a partial closure may be ordered. A partial closure is where only part of the premises or business is closed.

Examples of partial closures include:

• Two businesses operating out of the same premises:
  • The offending business will be closed
  • The other business may remain open.
• The business is the only seller of essential items within a certain distance:
  • The business can no longer sell tobacco.
  • The business can continue selling essential items.
  • The rest of the business must close.

If your premises is subject to a partial closure, we will provide specific advice about what you must do.

How to report suspicious activity

You can make a report if you suspect someone is:

• entering a closed premises
• selling products from a closed premises
• interfering with or removing a closure notice.

Contact us to report suspicious activity.

Information you provide may be used to inform our compliance activities. We will not be able to provide information about any enforcement action taken in response to your report.

Penalties

Significant penalties apply for offences relating to closed premises.

These include offences for:

• entering or remaining at a closed premises without lawful authority
• selling tobacco products from closed premises
• selling non-tobacco products from closed premises
• interfering with a closure notice or order on display at the premises
• landlords knowingly allowing illicit tobacco activity to occur at a property.

Depending on the offence, penalties may include substantial fines and imprisonment. View the full list of penalties.