The Tobacco and Vapes Act 2026 (Age Verification Defence to Underage Sales) (England and Wales) Regulations 2026 were laid before Parliament this month.
The Regulations set out a statutory age verification defence in England and Wales for offences involving the sale of vaping products, nicotine products, tobacco products, herbal smoking products and cigarette papers.
The Regulations set out two alternative methods of age verification. The first is verification using a qualifying physical identity document. The retailer must inspect a document shown by the customer which contains their photograph and date of birth and has a holographic mark or ultraviolet feature. The document must appear unaltered and sufficient to demonstrate that the customer meets the relevant age requirement.
The second method is digital identification. This must be provided through a registered digital verification service provider (DVSP) and verified using technology, such as scanning a QR code or another technical mechanism. A visual inspection of digital identification alone will not be sufficient. The relevant DVSP must meet the requirements set out in the Regulations, including providing identification meeting at least a medium level of confidence. The person carrying out the age verification must be covered by an agreement with a registered DVSP.
The Regulations come into force on 1 January 2027, and the defence applies to offences committed on or after that date. This means there is a short period between the new vaping and nicotine age of sale offence taking effect on 29 October 2026 and the prescribed defence under the Regulations becoming available. During this interim period, the alternative defence under The Tobacco and Vapes Act 2026 remains available where the person charged can demonstrate that they otherwise took all reasonable steps to avoid the commission of the offence.
For tobacco products, herbal smoking products and cigarette papers, both the new age of sale offence and the statutory defence apply from 1 January 2027.
For further details, see The Tobacco and Vapes Act 2026 (Age Verification Defence to Underage Sales) (England and Wales) Regulations 2026.
For further information, please feel free to contact any of our licensing solicitors at Poppleston Allen on 0115 9538500.
