Scottish retailers will be forced to withdraw tobacco products from display from April 2013 after the Supreme Court threw out Imperial Tobacco’s legal challenge to the ban.
From April, stores over 3,000 sq ft will have to cover up tobacco products, while small stores will follow in April 2015.
The ruling ends a lengthy court battle and sees Scotland fall into line with other parts of the UK, although Scottish retailers will have to contend with a smaller display area when making a sale.
Minister for Public Health, Michael Matheson said: “Given that this legislation was passed over two years ago and is already in force in England, Wales and Northern Ireland, there are strong arguments to introduce it immediately. However, I have always been clear on the need to allow retailers sufficient time to make the necessary changes and so we have decided that April 2013 represents a fair timescale for implementing the display ban.”
Lord Hope, who delivered the judgement, said: “The only question is whether any of the particular rules that were laid down in the 1998 Act by which it is to be determined whether or not a provision is outside legislative competence have been breached. That is not to say that the question is easy to answer or unimportant. But the exercise that has to be carried out is essentially one of statutory construction.”
He added that “none of the challenges” of Imperial Tobacco were well-founded.
John Drummond, Chief Executive of the SGF, added: “It is the retailers who are the real losers in this case; losers because they will have to find large sums of money in order to cover up the tobacco gantries that are currently in place. Scottish retailers are worse affected than the other countries in the UK due to the draconian measures imposed by the Scottish Government especially in relation to the available space allowed during any transaction. The probability of longer transaction times resulting in longer queues and disgruntled consumers may lead them to pursue cheaper purchases on the illicit market, where it may be easier to buy tobacco products which have either been imported illegally or are counterfeit products.”
