Caught With Tobacco Without a Licence? Here’s How a Criminal Lawyer Can Help

If you’ve been caught selling, storing, or possessing unlicensed tobacco in Victoria, you may be feeling unsure of what happens next.

We understand how frightening and confusing this situation can be. A visit from an authorised inspector, a police interview, or a fast-approaching court date can feel like the ground has been pulled from under you. That’s why we take the time to understand your side of the story, and work with you — not just for you. We will help you understand:

• What should you say when Police interview you?
• Will you be charged with a criminal offence?
• Could you lose your business?
• Is jail a real possibility?

These are genuine concerns. Since recent changes to the law coming into effect on 1 February 2026, retailers and individuals across Victoria can face charges under the Tobacco Act 1987 (Vic), often without fully understanding their rights or the options available to them.

The good news? Early legal advice can make all the difference and is critical to achieving the best possible outcome.

Whether you’re:

• A convenience store owner caught off guard with recent changes to the law
• An individual unaware that a licence was required by law
• Someone caught in a wider investigation involving illicit tobacco products

— you deserve a strong defence and a clear path forward.

The Reality: What You’re Facing

Under recent reforms to Victoria’s tobacco laws, it is now an offence to sell tobacco without a valid licence. The penalties for unlicensed tobacco offences can be severe — even for first-time offenders.

You may be facing:

• Extensive Court proceedings
• A criminal record
• A maximum penalty of five years’ imprisonment
• Large fines (could be more than $840,000 for businesses)

And if you’re a business owner, the consequences go beyond legal penalties:

• Loss of reputation or professional standing in the community
• Licence suspensions and cancellations
• Implications with respect to future applications for licences, or their renewal
• Impact on immigration status

Keep in mind being charged with a criminal offence does not make you a criminal, nor does it mean you are guilty. There are real legal defences available and ways we can thoroughly prepare your case to enable you to put any criminal charges behind you.

Why You Need a Criminal Defence Lawyer – Now

Protect your rights

We will provide you with advice to ensure you don’t say or do anything that may hurt your case. Many people unknowingly incriminate themselves during interviews, warrant executions or compliance inspections. We can also be the conduit between Inspectors/Police and you.

Review and challenge the evidence

We thoroughly review and investigate how the authorities obtained their evidence. Was the search lawful? Did Inspectors follow proper procedures? If they didn’t, it may make any evidence seized inadmissible. These enquiries can influence whether or not the prosecution will be able to prove their case beyond reasonable doubt.

Negotiate with prosecutors

Sometimes, charges can be downgraded — or even withdrawn — depending on the circumstances. Our team regularly engages with prosecutors to achieve outcomes that avoid court or significantly reduce penalties.

Keep you out of jail

For more serious cases, we fight to keep you out of prison and ensure a fair outcome. Even where guilt is admitted, we prepare materials and sentencing submissions in support of your case to protect your future and your business’ future too.

What to Do Right Now

If you’ve been charged, investigated, or even just received documentation from Inspectors or Police:

1. Do not speak to authorities without legal advice
2. Gather all relevant documents (official business documents, licences and correspondence)
3. Contact us immediately to understand your legal position

Speak to a Criminal Lawyer Today

At Doogue + George, we’ve helped thousands of clients successfully contest charges, reduce penalties, avoid convictions, and move forward with their lives.

Call us now on 03 9670 5111 or request a confidential call-back using our online contact form.

Disclaimer: This blog is general information only and not legal advice. Always seek advice tailored to your situation.

Date Published: 29 October 2025