Application for a Retail Tobacco Merchant’s Licence
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An application form for a Retail Tobacco Merchant's Licence for a new applicant
Retail tobacco and e-cigarette licence
As of 31 March 2019, the sale and supply of e-cigarette products is regulated under the Tobacco and E-Cigarette Products Act 1997. For more information go to the Smoking, the rules and regulations page.
In order to sell tobacco and e-cigarette products by retail within South Australia, a person must hold a Retail Tobacco and E-Cigarette Merchant’s Licence under Part 6 of the Tobacco and E-Cigarette Products Act 1997. All applications for licences will be assessed prior to any licence being issued. Circumstances that may prevent a licence being issued (or renewed) could include factors such as:
- primary client/customer base being minors under 18 years of age
- compliance history
- ability to comply with other related requirements (such as enclosed area laws).
Conditions of holding a licence
Holders of a Retail Tobacco and E-Cigarette Merchant's Licence must adhere to the relevant sections of the Tobacco and E-Cigarette Products Act 1997, the Tobacco and E-cigarettes Products Regulations 2019 and the licence conditions. The conditions for holding a Retail Tobacco and E-Cigarette Merchant's Licence include, but not limited to:
- one licence per outlet
- display of the Licence and Prescribed Sign
- the number of points of sale where tobacco and e-cigarette products can be sold from is limited
- restrictions apply for temporary stalls
For more detailed information on these conditions, see Requirements for licensed tobacco premises page.
Apply, renew or transfer a Retail Tobacco and E-Cigarette Merchant’s Licence
All forms regarding tobacco licencing are to be submitted by:
- email - Public.Health@sa.gov.au
- postal address - Health Protection & Licensing Services, PO Box 6, Rundle Mall, SA 5000
Note: Credit card payments are not accepted
Applying for a new licence
To register for a new Retail Tobacco and E-Cigarettes Merchant’s Licence, please complete the Application form (PDF 204KB) and submit to SA Health's Health Protection & Licensing Services.
Note: Tobacco and e-cigarette products are known to be health harming, addictive and/or associated with negative health/social/financial outcomes. As such, approval of any given application is not a certainty.
Generally, it may take up to 6 months for an application to be assessed, and if approved, granted.
However, this process may take longer depending on circumstances relating to the application, the business unit’s current workload demands, and/or other relevant information or concerns.
Approval and issue of a licence should not be taken for granted/assumed. Businesses should not make financial commitments and/or set up dedicated premises on the assumption that their licence application will be approved, or that it will be approved within a given timeframe.
Once approved, a Tax Invoice for the current annual fee of $315.00 will be posted to you. The methods of payment are provided on the Tax Invoice.
Upon receipt of the payment, a Retail Tobacco and E-Cigarette Merchant’s Licence will be posted to you.
Renewal of existing licence
A Tax Invoice for renewal of a Retail Tobacco and E-Cigarette Merchant’s Licence will be sent to licence holders approximately 45 days prior to the expiry of the current licence.
Transfer of ownership
To transfer ownership of an existing Retail Tobacco and E-Cigarette Merchant’s Licence, please complete the Retail Tobacco and E-Cigarette Merchant’s Licence Transfer of Ownership (PDF 94KB) and submit to SA Health's Health Protection & Licensing Services.
There is no fee to transfer ownership of a Retail Tobacco and E-Cigarette Merchant’s Licence
Updating information
If the details of your existing Retail Tobacco and E-Cigarette Merchant’s Licence have changed, please contact SA Health's Health Protection & Licensing Services on (08) 8226 7100.
Further information
For further information on Retail Tobacco and E-Cigarette Merchant’s Licensing, contact SA Health's Health Protection & Licensing Services on (08) 8226 7100.
Exemptions for the sale or supply of lawfully prescribed nicotine
From 1 October 2021, changes by the Therapeutic Goods Administration (TGA) to the national classification of nicotine in the Poisons Standard clarify the regulation of nicotine as a Schedule 4 Prescription Only Medicine.
To support the lawful sale or supply of nicotine as a Schedule 4 Prescription Only Medicine, the South Australian Government issued a Proclamation under the Tobacco and E-Cigarette Products Act 1997 so that pharmacists and medical practitioners, who may under the Controlled Substances Act 1984 sell or supply nicotine lawfully prescribed as a Schedule 4 Prescription Only Medicine, are exempt from the licence requirement for selling an e-cigarette product and the offences related to the indirect (including online) sales ban and the ban on sales to minors. These exemptions apply from 1 October 2021. Read more about Exemptions.