Self Service Vending Machines

Relevant Legislation

Section 43(1) of the Public Health (Tobacco) Act 2002 (as amended), prohibits the sale by retail of tobacco products by means of self-service. Section 43(2) of the Public Health (Tobacco) Acts, 2002 and 2004, provides that tobacco products may be sold by means of a vending machine on licensed premises or the premises of a registered club, in accordance with Regulations.

The Public Health (Tobacco) (Self Service Vending Machines) Regulations 2009 (S.I. No. 42 of 2009), govern the sale of tobacco products by means of self service in licensed premises or registered clubs.

What does this mean for me?

  • Self-service vending machines are prohibited, except in registered clubs and licensed premises.
  • Self-service vending machines must be located adjacent or in close proximity to that part of the licensed premises or registered club which is generally attended by a member of staff.
  • Self-service vending machines must also be located within the line of sight of a member of staff at all times.
  • Self-service vending machines must be activated by means of a disc or card obtained from a staff member or by a device controlled by a staff member.
  • A customer cannot purchase a tobacco product from a self-service vending machine without first obtaining a disc or card from a staff member. This disc or card is then used to activate the vending machine. The customer must also deposit money to complete the transaction.
  • The staff member shall not provide a disc or card to activate a self-service vending machine, or activate the machine by means of a device, unless they are satisfied that the purchaser has attained the age of 18 years.
  • Self-service vending machines must be free of all tobacco related advertising.
  • Selection decals/buttons for self service vending machines must not display tobacco product trademarks, emblems, marketing images or logos.
  • The registration number(s) issued by the NTCO, must be affixed to the self -service vending machine(s) following registration.

Self-service vending machines are prohibited except in licensed premises and registered clubs.