The Tobacco and Vapes Bill has now completed its passage through Parliament, with both the House of Commons and the House of Lords agreeing the final form of the legislation. The Bill now awaits Royal Assent, at which point it will become law (the Tobacco and Vapes Act).
The final amendments agreed by Parliament were limited and largely technical, addressing specific enforcement issues rather than altering the substance of the Bill. In broad terms, the Act will introduce a range of measures in relation to tobacco, vapes and other nicotine products, including the “smoke-free generation” ban (prohibiting the sale of tobacco to those born on or after 1 January 2009), enhanced controls on advertising and products, and new provisions for smoke-free, vape-free and heated tobacco-free places.
Alongside these wider changes, a key impact for operators will be the introduction of a new licensing regime for retailers selling tobacco, vaping and other nicotine products.
The Bill establishes a retail licensing regime across England, Wales and Northern Ireland under which an individual must not sell, expose for sale or possess for sale tobacco, vapes or other nicotine products except under the authority of, and in accordance with, a personal licence. In addition, premises must not be used for the storage for sale, exposure for sale or supply of such products (including dispatch to customers) except under the authority of, and in accordance with, a premises licence. Scotland’s existing retailer register will also be strengthened under the new regime. In practical terms, this means both a personal licence and a premises licence will be required for the retail sale of tobacco, vaping and other nicotine products in England, Wales and Northern Ireland.
Once the Act is in force, further regulations will set out the detailed structure and operation of this licensing regime.
We will continue to monitor developments, including the forthcoming regulations, and provide further updates and advice to those operating in the sector. In the meantime, businesses should anticipate additional compliance requirements and changes to how sales are authorised and monitored.
View our full page on the Tobacco and Vapes Bill here.
For further information or queries, please feel free to contact Suraj Desor or any of our licensing solicitors on 0115 953 8500.
