The Government have published details of the Tobacco and Vapes
Bill, including initial proposals for a retailer licensing scheme
alongside a number of changes aimed at reducing youth access to
tobacco and vaping products.
The Bill, published today, confirms the Government's intention to
create a ‘smoke free generation' by phasing out the sale of
tobacco products to anyone currently aged 15 or younger. The
generational ban will come into force in 2027, meaning that there
will be a single date that retailers have to reference for age
restricted sales on tobacco – rather than checking if a customer
is over the age of 18.
The Bill will also include powers to introduce a licensing scheme
for retailers to sell tobacco, vape and nicotine products in
England, Wales and Northern Ireland, and will introduce on the
spot fines of £200 to retailers found to be selling these
products to people underage. The licensing scheme, which has been
outlined without any consultation with the retailers that will be
most affected by it, includes the potential to limit the number
of businesses in an area based on their proximity to other
retailers in the area as well as other conditions determined by
local authorities.
ACS chief executive James Lowman said: “A licensing scheme has
the potential to help tackle the illicit market and punish those
who sell to children, but unless properly structured it could
also prevent legitimate traders from operating based on the
presence of other outlets in the area, or the specifics of where
that store is located. This requires detailed consultation with
local shops and other stakeholders, and none of this has taken
place. We now need proper discussion of the detail as regulations
are drafted, or we fear that this legislation will significantly
impact investment, growth and service provision in our sector.”
Other measures in the Bill include a ban on vape advertising and
sponsorship, as well as powers to restrict the flavours, display
and packaging of all types of vapes, as well as other nicotine
products.
The Bill follows confirmation last month that the Government is
planning to go ahead with a ban on disposable vaping products,
which will come into force on June 1st 2025.
Mr Lowman continued: “The Tobacco and Vapes Bill will require
retailers to make significant changes in their businesses, both
on age restricted sales processes and the way that their stores
are stocked and managed. It is essential that the Government
provides retailers with clear guidance on the rules, and
communicates the changes not just with retailers, but with the
public as well.
“The introduction of £200 fines to act as a deterrent for
retailers selling products to underage customers is welcome, but
we are concerned that there is not enough enforcement right now
to deal with the rogue operators in the tobacco and vaping
market. Trading Standards need significantly more funding to be
able to make a difference through targeted local enforcement, not
just against those selling to young people, but also those who
sell illicit products.”
The full details of the Tobacco and Vapes Bill are available
here:https://publications.parliament.uk/pa/bills/cbill/59-01/0121/240121.pdf