Vending machine firms starts fight over ban

A cigarette vending machine company that employs more than 150 people in South Staffordshire has launched its appeal against a government ban on its products.

Sinclair Collis Ltd told the country's highest civil judge that the blanket ban on using its machines to sell tobacco could put it out of business.

The Government this week announced rules banning shops from displaying cigarettes. Tobacco products will have to be kept under the counter in larger stores from April 2010 and in all shops by April 2015.

Sinclair Collis, based in Four Ashes, is bidding to convince Appeal Court judges to intervene and save its business, claiming that there is no "clear and proportionate" justification for the ban, due to come into force in October.

It also claims that the ban will encourage illicit tobacco trade, do little to protect children from smoking add-iction and amounts to a violation of human rights and European free trade rules.

Bosses are now facing an anxious wait for the outcome of its legal campaign after the nation's top civil judge — the Master of the Rolls, Lord Neuberger — Lord Justice Lloyd and Lord Justice Gross reserved their judgment on the case until an unspecified later date.

Dinah Rose QC, on behalf of the company, said the ban threatened to "destroy the industry and drive Sinclair Collis and the other tobacco vending machine companies out of business".

Miss Rose said Parliament had left Health Secretary Andrew Lansley with a stark choice — either to maintain the status quo or ban cigarette vending machines entirely.

The appeal comes after Sinclair Collis, which owns and operates thousands of vending machines all over the country, lost a High Court battle against the ban.

Its challenge to the cigarette vending machine ban is being supported by the National Association of Cigarette Machine Operators.