Retail licensing scheme to be introduced as part of Tobacco & Vapes Bill
The proposed updated Tobacco and Vapes Bill has been criticised by the sector, with claims it would spell chaos for small businesses and retailers.
The Bill aims to introduce a progressive smoking ban to gradually end the sale of tobacco products across the UK, so that anyone born on or after 1st January 2009 will never be able to legally be sold cigarettes. This means there will be no restrictions on people who can already legally smoke.
As part of the Bill, the UK Government unveiled its plans to introduce a licensing scheme for retailers to sell tobacco, vape and nicotine products in Northern Ireland, England and Wales, and will introduce on-the-spot fines of £200 to retailers found to be selling these products to people underage.
These measures will protect law-abiding businesses and tackle illicit products being sold, the government claims.
The inclusion of Northern Ireland in the new Bill will be subject to the agreement of the NI Executive and support of the NI Assembly.
The Bill strengthens enforcement activity including the extension of the Tobacco Retailers Register to include vapes and other nicotine products. It also includes provision to allow for the introduction of a retail licensing scheme in the longer term to replace the Registration scheme. This will be subject to public consultation.
Introduced in Parliament on 5th November, the Bill will also ban vape advertising and sponsorship, as well as create new powers to restrict the flavours, display and packaging of all types of vapes.
Following the announcement, JTI urged the government to focus on evidence-based, effective solutions, and implement a minimum age sale of 21 instead.
The burden of enforcing a generational ban will fall squarely on retailers, and disproportionately on smaller, independent retailers JTI stated.
“Recent British Retail Consortium data revealed 1,300 instances of shop workers being verbally or physically assaulted every day in 2024[1], with a significant proportion of these attacks following a request for age verification,” they said.
“The proposed generational ban and subsequent increase in ID checks will put retail workers at even greater risk, particularly in small and independent businesses that have no security staff or additional protections. The physical and mental impact on victims is estimated to cost UK retailers £3.3 billion annually[2] – further highlighting the inconsistent approach from a government that has just announced, as part of Chancellor Rachel Reeves’s budget, to ‘stop shoplifting in its tracks’.”
They added that not only would increasing the age of sale to 21 help deliver the same health outcomes, it is also “simpler and less burdensome for retailers” and removes serious challenges pertaining to the legality of a generational smoking ban in Northern Ireland.
Meanwhile, the UK Vaping Industry Association (UKVIA) said that while it welcomed the proposed licensing scheme, it believes the fines should be much higher.
“The legitimate vaping industry has long advocated for the creation of a licensing scheme for retailers and distributors, and we are delighted that vape licensing is now firmly on the policy agenda,” said Director General John Dunne.
“This development will enable youth and illicit vaping to be addressed, allowing the industry’s focus to remain on supporting adult smokers in quitting.”
Mr Dunne added that the UKVIA would welcome the opportunity to collaborate with government officials in ensuring that the future licensing is robust and serves as an effective means of monitoring the vaping market.
“For instance, in our view, the licensing scheme must include vaping distributors, and fines should be set at up to £10,000,” he added.
Northern Ireland Health Minister, Mike Nesbitt said the Bill’s measures offer a huge public health opportunity to reduce preventable death and illness.
“This Bill will also stop vapes and other consumer nicotine products, such as nicotine pouches, from being branded and advertised to appeal to children. Together these measures will help stop the next generation from becoming addicted to nicotine.”
Mr Nesbitt said he intends to introduce a Legislative Consent motion shortly and added that his Department will continue to work closely with the UK Government on the range of proposals being considered in the new Bill.
Information on the Tobacco and Vapes Bill is available at Smoking ban introduced to protect children and most vulnerable – GOV.UK
[1] Retail Week, BRC demands action as retail violence and abuse rises to 1,300 incidents per day | Retail Week (retail-week.com), 14/09/24.
[2] Retail Week, BRC demands action as retail violence and abuse rises to 1,300 incidents per day | Retail Week (retail-week.com), 14/09/24
