(1) On application under section 15T, the Secretary must determine the application by—
(a) certifying that the premises are a specialist tobacconist; or
(b) refusing to so certify.
(2) The Secretary may certify that premises are a specialist tobacconist if the Secretary is satisfied that—
(a) a tobacco retailing business is carried on or proposed to be carried on at the premises; and
(b) the gross turnover of tobacco products at the premises—
(i) if the tobacco retailing business is carried on at the premises at the time of the application, constitutes 80 per cent or more of the gross turnover of all products sold at the premises in the 12 months immediately preceding the application or the applicant's period of trading at the premises, whichever is shorter; or
(ii) if the tobacco retailing business is proposed to be carried on at the premises at the time of the application, is projected to constitute 80 per cent or more of the projected gross turnover of all products to be sold at the premises in the 12 months immediately following the commencement of trading by the applicant at the premises; and
(c) certification of the premises is consistent with the objects of this Act; and
(d) certification of the premises is consistent with any strategic plan, policy statement, code or guideline relating to specialist tobacconists that has been adopted by the Minister; and
(e) the premises are separated from other retail premises by a wall and that any doorway or entrance to or exit from the premises does not open directly into any other retail premises.
(3) The Secretary may refuse to certify premises as a specialist tobacconist if—
(a) the applicant does not comply with any requirement of this Act or the regulations; or
(b) the Secretary is not satisfied as required by subsection (2).
(4) For the purposes of determining an application, the Secretary, by written notice to the applicant, may require the applicant to provide within a reasonable period information relating to the application that is specified in the notice.
(5) Before refusing to certify premises, the Secretary must give the applicant an opportunity to make a written submission.
(6) If the Secretary certifies that premises are a specialist tobacconist, the Secretary must issue the applicant with a certificate to that effect.
S. 15V inserted by No. 49/2009 s. 39.