The Tobacco and Vapes Act

What is the Tobacco and Vapes Act, and what will retailers need to do?

If you have seen news about the Tobacco and Vapes Act (‘the Act) and are wondering what this is, how it will impact retailers and what you will likely need to do, we can help.

What is the Tobacco and Vapes Act and what does it mean for vape licensing?

This Act introduces a new licensing scheme for retailers in England, Wales and Northern Ireland, covering tobacco, vapes and nicotine products.

The Act also strengthens Scotland’s existing retail register.

The Act aims to develop a licensing framework for the sale of nicotine products which is very similar to the framework which regulates the sale of alcohol, something that we have been advising on for over 30 years.

However, as the final draft of the Regulations has not yet been published, it is not possible to fully understand certain elements, such as any eligibility requirements for applicants, how long licences last and the application costs involved. We await confirmation of these questions.

Why is the Tobacco and Vapes Act being introduced?

The rationale for this legislation is that smoking is the number one preventable cause of death, disability and ill health in the UK. The Government reports that smoking causes around 80,000 deaths a year and kills 2/3 of its long term users.

The Government have therefore called the Act the ‘biggest public health intervention in a generation – breaking the cycle of addiction and disadvantage and putting us on track towards a smoke-free UK.’

Do I need a licence to sell vapes?

Under the Act, across England, Wales and Northern Ireland (which is the focus of this article) 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. 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. If this is managed in the same way as the alcohol regime, an exam will need to be taken and passed for the person to obtain their personal licence.

Once the Act is in force, further regulations will set out the detailed structure and operation of this licensing regime. The Regulations may make provision for the grant of premises licences subject to conditions, as they do with alcohol and gambling licensing. Though nothing is specified yet, conditions could include the need to display the licence at the point of sale or specific hours that nicotine products are allowed to be sold.

If you are experienced in the alcohol licenced trade, you will notice parallels between the two regimes.

How can this be enforced?

At present there are two enforcement powers:

• Restricted Premises Orders: available upon conviction for repeated sales to underage persons. These prohibit the sale of tobacco products from a named premises.
• Restricted Sale Orders: which prohibit an individual from selling tobacco or vape products, whether at the premises or elsewhere.

What nicotine products does the Act apply to?

The Act applies to retail sale of ‘relevant products’, and these include:

• Vapes
• Cigarettes
• Hand Rolled Tobacco
• Cigars
• Pipe Tobacco
• Chewing Tobacco
• Nasal Tobacco (Snuff)
• Herbal Smoking Products
• Cigarette Papers
• Waterpipe Tobacco Products (For Example, Shisha)

What premises will the  tobacco and vape licensing affect ?

Premises that will be caught include:

• Supermarkets
• Corner shops
• Vape and tobacco shops
• Petrol stations
• Hospitality premises offering shisha and/or similar products
• Digital retail including websites, apps etc.

When will the Act take effect?

The Act has now completed its path through the parliamentary process and has Royal Assent.

Important: we expect the Regulations to be issued well in advance of the Act being implemented. Sometime after that the timeline for the Act coming into force will be announced.

How can you apply for a tobacco and vape licence?

Premises licences will be granted by the Licensing Authority with jurisdiction over your premises. Personal licences are likely to be granted by the Licensing Authority covering the area where the individual lives.

We are expecting applying for a tobacco or vape licence to be similar to, if not the same as applications made under the Licensing Act 2003 for personal and premises licences. If this is the case, we are very well placed to do this having successfully dealt with 1000s of applications in 2005 when the Licensing Act 2003 came into force.

Read the full Act here.

Stay updated with tobacco and vape licensing

Sign up for our free newsletter and we will continue to keep you updated on whether you will need to apply for a vape licence or a tobacco licence when they become available. We will be here every step of the way should you need us.

As always, the devil will be in the detail so we await the finalised secondary legislation to see how the reality will unfold.