Posted: July 13 2009

Self-service vending machines have been limited to pubs and clubs following the commencement of the further provisions of the Public Health (Tobacco) Acts 2002 and 2004 by the Department of Health and Children at the beginning of this month.

The key provisions now commenced are:

• No advertising or display of tobacco products is permitted in a retail premises that sells tobacco products
• Retailers must ensure that their tobacco products are stored out of view, within a closed container or dispenser only accessible by the retailer and retail staff
• The retailer may use a pictorial list (in accordance with Regulations) to inform a member of the public aged 18 years and older who intends to purchase a tobacco product as to the products that are available
• Retailers must display a sign at their premises informing the public that tobacco products may be sold at those premises to persons aged 18 years and over
• All retailers of tobacco products must register with the Office of Tobacco Control.

A €50 registration fee also applies to all who wish to sell tobacco and is payable only by them, believes John Coghlan, Secretary of the Irish Cigarette Machine Operators Association who told Drinks Industry Ireland, “The legislation does not appear to allow us to register pubs ourselves”. He added that he’d not heard of any pubs wanting to withdraw from using the vending machines as yet following the introduction of the €50 registration fee.

“Pubs value their customers and they need the cigarettes for them,” he said.

By way of an example he explained that when the smoking ban was introduced five years ago, four pubs in Galway removed their  vending machines. However due to customer demand, two re-introduced them and the other two have closed down completely.

The Association has been busy over the last few months  changing decals and making all the country’s 9,000 or so machines compliant with the tokens.

“There’s at least one cigarette vending machine in every pub, hotel, boat club, golf club and rugby club in the country - if not two,” John Coghlan claimed.

Not surprisingly, nightclub operators are unhappy with the new legislation.

“In the course of normal business, no persons under the age of 18 are allowed into nightclubs,” commented the Irish NIghtclub Industry Association’s Chief Executive Barry O’Sullivan, “From our members’ perspective, it is bizarre that all of the requirements imposed on nightclub operators under the Public Health (Tobacco) Acts quite simply ignore this fact.

“We support the general aims of the legislation but unfortunately the one-size-fits-all approach undermines the practicalities of the legislation.

“For example our members are permitted to display one A4 sign to say that tobacco products are on sale irrespective of the size/nature of the property. Most nightclubs exist in a hotel or bar complex. Some of our members operate hotels with large function room(s), bar(s), restaurant(s) and a nightclub. To impose that an outlet/premises of this nature can only display one A4 sign is nonsensical. Additionally, our members cannot draw attention to the sign by light or sound. In a nightclub setting this effectively renders signage useless.”However, while the €50 fee itself is a once-off affair, it’s also just feasible that a cash-strapped Government might make this an annual charge and put up the price of that charge too.

“From reading the guidance document issued by the OTC, it does appear that the registration fee is a one-off fee unless the operator is removed from the register and needs to re-apply,” commented Barry O’Sullivan, “We would certainly oppose any move to introduce an annual fee.

“Specifically for self-service vending machines in licensed premises, it seems to be very restrictive not to be able to put logos or trademarks even on the selection buttons/decals of the vending machines. The purpose of these decals is to help the consumer of cigarettes choose the type of cigarette they normally smoke, not to encourage those who don’t smoke to start. In the case of nightclubs, the only persons who will ever see the vending machine are adults. I don’t think this particular restriction will have any positive impact on the desired aims of the legislation.”

However the Chief Executive of the Office of Tobacco Control Éamonn Rossi explained that the removal of Point-Of-Sale promotion was a natural progression following bans on tobacco advertising in mainstream media and on tobacco sponsorship.

And according to the OTC’s Chairwoman Norma Cronin, “Research published by the OTC found that 80 per cent of child smokers in Ireland smoke just two brands. These two brands happen to be the two most heavily marketed through the use of in-store displays.

“The commencement of these new public health measures places Ireland again at the fore of international tobacco control.

“As the first country in the EU and only the third country worldwide to introduce a complete ban on retail tobacco advertising and display, Ireland is again pioneering the legislative response to the global tobacco epidemic,” she said.

Éamonn Rossi reminded retailers that the National Register of Tobacco Retailers is now accepting applications.

As a result of the new measures all those who sell or intend to sell tobacco products by retail, whether over the counter or from a self-service vending machine, must register with the OTC.

Retailers already selling tobacco products before 1st July 2009 must register between 1st July and 1st October. Those who intend to commence the business of selling tobacco products anytime after 1st July 2009 must register first with the OTC. Registration can be completed online or via a printed application form. Each applicant must pay an application fee of €50. Further details are available on the website www.tobaccoregister.ie