Health service backs jail for unregistered tobacco sellers

Auckland's public health service wants courts to have the power to jail dairy owners and other retailers for six months for selling tobacco without approval under a proposed registration system.

Health Minister Tariana Turia has revived the proposal to ban tobacco displays in virtually all shops, and the Ministry of Health is considering submissions from the public and interested groups.

The Auckland Regional Public Health Service, which in February called for existing bans on smoking to be extended to beaches and other public places, has spoken out strongly in favour of banning the retail "power walls" of tobacco packets.

Public health experts cite studies indicating that banning displays would help smokers who want to quit and reduce the number of young people who take up smoking.

And they say reducing the visibility of tobacco by forcing it under the counter or into closed cupboards is a growing trend overseas.

But the public health service has gone further by calling for new laws requiring tobacco retailers to be licensed or registered with the ministry, and suggesting New Zealand follow Scotland's tough approach on this.

"In Scotland, the offence of selling tobacco without being registered has a penalty of a fine of up to £20,000 [$43,640] or six months in jail," the service says in its submission to the ministry.

"This sends a clear message that tobacco is not an ordinary commodity and the ability to sell it should be seen as a privilege and not a right."

The maximum penalties now in the Smoke-free Environments Act are fines of $50,000; jail terms are not mentioned.

Service spokesman Dr Andrew Lindsay said last night that smoking was such a serious matter, causing more than 4000 deaths a year, that it warranted tough new controls, such as jail sentences.

Tobacco retailers must now display a "smoking kills" sign at points of sale and visible tobacco displays are not generally permitted within 1m of confectionery and other children's products. Tobacco displays are mostly limited to 100 packets and 40 cartons.

Compliance rates are low. The public health submission says 64 per cent of 288 retailers in a 2008 study were in breach. The service's own checks report non-compliance rates fluctuating between 20 and 60 per cent.

The Association of Convenience Stores has renewed its opposition to a display ban.

Chairman Roger Bull said a six-month jail term was too harsh but the association would be "quite happy with registration - as long as it didn't put additional costs on our members".