Requirements for licensed tobacco premises
Whilst specific conditions may be attached to any licence issued, the following requirements will be attached to all licences and must be adhered to at all times by retailers:
- one licence for outlet
- display of Retail Tobacco Merchant's Licence
- display of Prescribed Sign
- limited points of sale
- indirect orders
- temporary stalls
- mobile sales
- specialist tobacconists
- vending/dispensing machines
- customer loyalty and reward schemes
- fruit and confectionary flavoured cigarettes
- split cigarette packets
- toy cigarettes
Each tobacco retail outlet must have their own Retail Tobacco Merchant’s Licence. Retailers with more than one retail outlet selling tobacco must hold a separate tobacco licence for each of their outlets. Licences cannot be transferred from one outlet to another.
A copy of your Retail Tobacco Merchant’s Licence must be displayed in a prominent place in close proximity to each point of sale where tobacco is sold (including vending machines). It must be placed in a manner and position that is likely to attract the attention of customers purchasing tobacco products.
The A4 sign titled Sale of Tobacco Products is required to be displayed in a manner and position that is likely to attract the attention of the customer, near the point of sale (including a vending machine).
Not displaying this sign can incur a maximum penalty of $750 or an expiation fee of $105.
Tobacco retailers without a liquor licence are permitted one tobacco point of sale. Those retailers with an existing liquor licence can have up to five points of sale for tobacco purchases. The intention is to restrict the number of points of sale per outlet as much as possible and therefore businesses who currently have less than five points of sale should not exceed their existing number of sale points.
For more information on tobacco points of sale, see the Point of Sale restrictions for tobacco retailers page.
A person must not sell a tobacco product by retail if the order for the tobacco product was placed by mail, telephone, facsimile transmission or internet or other electronic communication.
Businesses outside of South Australia that are carrying on a business of selling tobacco products by retail in South Australia are required to comply with South Australian legislative requirements.
The ban does not prevent retailers from ordering stock from wholesalers by any indirect manner.
If the point of sale is a booth, tent or other temporary structure, whether or not part of the booth, tent or enclosure is permanent or if tobacco products are available for sale at a point of sale for not more than two weeks in a year then the following licence conditions will apply:
- the vendor cannot provide inducements to encourage young people to frequent the point of sale area. Inducements include any incentive to enter or remain in an area, including furnishings and entertainment.
- no tobacco products or pictures of tobacco products can be on display
- no signs can be displayed within or on the structure other than those prescribed by regulation.
The use of mobile tobacco sales and trays is banned.
Nightclub tobacco vendors typically dress in bright tobacco-company colours and approach young patrons with tobacco for sale. This marketing strategy serves to glamorise smoking and specifically targets young people. Research has demonstrated that smoking relapse often occurs under the influence of alcohol in a social setting and so these regulations will help former smokers avoid the temptation of relapsing into smoking in such social situations.
A specialist tobacconist is defined as a person who sells tobacco products by retail in a premises and
- in the case of a business that has been trading for a period of more than one financial year, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises during the immediately preceding financial year; or
- in any other case - the period for which the business has been trading, the gross turnover of all tobacco products sold at the premises constitutes 80 per cent or more of the gross turnover of all products sold at the premises.
All tobacco vending machines placed into operation (no matter where they are located within the licensed premises) must have an appropriate staff intervention mechanism and correct signage.
For more information on vending machines and dispensing machines, see Tobacco vending machines page.
Retailers must not, in connection with the sale of a tobacco product, or for the purpose of promoting the sale of a tobacco product provide or offer to provide a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit.
The ban only applies to the accrual of reward points. Credit card reward points, gift cards and vouchers can still be used to purchase tobacco products.
The maximum penalty for contravening this law is a fine of $5,000.
The Tobacco Products Regulations 2004 bans the display of fruit and confectionary flavoured cigarettes at the point of sale. This includes price boards and price tickets.
Fruit and confectionary cigarettes are defined as cigarettes that possesses, or the smoke of which possesses, a distinctive fruity, sweet or confectionary-like character; and that is advertised in a way that might encourage young people to smoke, but does not include a cigarette the flavouring of which is primarily of a menthol character.
Under the Tobacco Products Regulations 2004, South Australia prohibits the sale of cigarette packets that hold any less than 20 cigarettes or which are designed to be, or are readily able to be, divided into portions that contain less than 20 cigarettes each.
All activities intended to publicise or promote the purchase or use of tobacco products are banned. Items such as tobacco branded posters or signs, bunting, light boxes, clocks, counter mats and other advertising and promotional material must not be displayed.
It is illegal to sell goods that are designed to resemble tobacco products, such as toy cigarettes and confectionary, as these are seen as promoting smoking to children.
All people selling tobacco products need to be given adequate training on how to avoid selling tobacco products to children. This includes training any relatives or friends who might occasionally work in the business as well as paid employees.
Proprietors should ensure that all staff know:
- What procedures they should follow if a customer becomes difficult when asked to produce ID. Role-playing some of the situations that might arise can assist staff in this area.
- The consequences if they are found to have sold cigarettes to a child.
Staff should be regularly reminded about these procedures. Some employers find it helpful to develop a store policy and procedure. See the fact sheet for some an example of a store policy, employee pledge and a employee procedure (DOC 101KB) you can implement.
For more information on selling tobacco to minors, see the Sale of tobacco to minors page.
Information about the requirements regarding the packaging or labelling of cigars for sale can be obtained from the Australian Competition and Consumer Commission.
For further information on the tobacco laws for businesses, contact SA Health's Health Protection Operations on (08) 8226 7100.