Following the issuing of an initial notice a tobacco
manufacturer has six months in which to address the reasons for the
notice being issued. During this period the tobacco manufacturer
should thoroughly review their supply chain policy to ensure that
they have included any reasonably practicable measures to improve
their controls. We should actively encourage the tobacco
manufacturer to discuss the content of the notice with us regularly
during this period, and any steps they plan to take to address the
matters raised in the notice. We may comment on these steps but
should stress that it is ultimately the tobacco
manufacturer’s responsibility to make such changes that they
deem to be appropriate.
It is important during this period that LBS continues to
collate and evaluate all available information, as at the end of
the six-month period, we have 45 days in which to decide if the
tobacco manufacturer has taken sufficient steps to comply with
their legal duty.
The six-month period is deliberately generous to allow a
tobacco manufacturer ample time to identify and put in place any
new controls they need to introduce. However, we need to bear in
mind that some changes, such as to enhancements to computer systems
may take some time to develop, and consequently the impact of some
changes may take some time to be realised. This has implications
for stock already in the supply chain and any notified seizures
made after the date of the Initial Notice. If we are satisfied that
these arise from the same failings that gave rise to the Initial
Notice and the tobacco manufacturer is already taking actions to
address the reasons for that initial Notice being issued, then we
must have regard to this in determining whether a penalty is issued
at the end of the initial notice period; and if a penalty is issued
– in determining the amount of that penalty (section
TOBCSC8000).
It must be stressed that tobacco manufacturers
cannot appeal against the issue of an initial
notice. If a manufacturer wishes to challenge an initial notice,
they may bring the matter to the attention of a
Review Officer or a tribunal following the issue
of any penalty.
