Singapore legislation

Regulation 4

of Tobacco (Control of Advertisements and Sale) (Licensing) Regulations 2017

Regulation 4

Grant of licence

Amended byS 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 855/2018 wef 01/01/2019S 855/2018 wef 01/01/2019S 855/2018 wef 01/01/2019S 421/2023 wef 26/06/2023S 855/2018 wef 01/01/2019S 421/2023 wef 26/06/2023

Subregulation 1

After considering an application for a licence, the Authority may —

(a)

grant the licence in respect of specified premises; or

(b)

refuse to grant the licence.

Subregulation 2

Amended byS 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 421/2023 wef 31/12/2021S 855/2018 wef 01/01/2019

For the purposes of section 18(8) of the Act, the prescribed requirements for the grant of a licence to an applicant are all of the following:

(a)

the applicant is —

(i)

a company incorporated in Singapore or registered under Part 11 of the Companies Act 1967;

(ii)

a limited liability partnership registered under the Limited Liability Partnerships Act 2005;

(iii)

a sole proprietor or firm registered under the Business Names Registration Act 2014;

(iv)

a co‑operative society registered under the Co‑operative Societies Act 1979;

(v)

an unincorporated association registered under the Societies Act 1966; or

(vi)

an individual holding a valid licence under section 32 or 33 of the Environmental Public Health Act 1987;

(aa)the applicant is not an under-aged person;

(b)

the applicant is fit to be granted a licence, having regard to the matters set out in paragraph (3);

(c)

the Authority is satisfied that the premises that are the subject of the application are not in an unsuitable location, having regard to the matters set out in paragraph (4);

(d)

the Authority is of the opinion that it is not against the public interest to grant the licence.

Subregulation 3

Amended byS 855/2018 wef 01/01/2019S 855/2018 wef 01/01/2019

For the purposes of paragraph (2)(b), the matters that the Authority must have regard to include, but are not limited to —

(a)

whether the applicant or a responsible officer of the applicant has been convicted of an offence under section 10(1)(a) of the Act, whether the offence was committed before, on or after 30 December 2017; and

(b)

whether any licence held by the applicant or a responsible officer of the applicant has been revoked because of a contravention of section 10(1)(a) of the Act, whether the licence was revoked before, on or after 30 December 2017.

Subregulation 4

Amended byS 421/2023 wef 26/06/2023S 855/2018 wef 01/01/2019

For the purposes of paragraph (2)(c), an unsuitable location includes, but is not limited to, premises that are —

(a)

[Deleted by S 845/2023 wef 18/12/2023](aa)situated within any of the following:

(i)

any approved conveyance or approved permanent premises of a healthcare service provider;

(ii)

any premises other than permanent premises used by a healthcare service provider who is approved under the Healthcare Services Act 2020 to provide a licensable healthcare service at those premises;

(iii)

any premises used or occupied by a healthcare service provider to provide a licensable healthcare service by remote provision where the healthcare service provider is approved under the Healthcare Services Act 2020 to so provide;

(b)

the subject of a pharmacy licence issued under the Health Products (Licensing of Retail Pharmacies) Regulations 2016 (G.N. No. S 330/2016);

(c)

premises at which mainly health products, medicinal products or health supplements are sold or offered for sale;

(d)

situated in a computer gaming centre or video games arcade;

(e)

situated in a child care centre, student hostel, student service centre, home for children and young persons or remand home; or

(f)

situated within the compound of a school or an institution of learning, such as a polytechnic or university, attended by under-aged persons.

Subregulation 5

Amended byS 421/2023 wef 26/06/2023

In paragraph (4) —

Definition

“approved conveyance”, “approved permanent premises”, “permanent premises” and “remote provision” have the meanings given by section 2(1) of the Healthcare Services Act 2020;

Definition

“healthcare service provider” means a person who holds a licence under the Healthcare Services Act 2020 to provide a licensable healthcare service;

Definition

“licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020.

Amended byS 421/2023 wef 26/06/2023