News letter   

 The trade will be kept informed with regard to relevant changes in the sector 

 

The Tobacco and Vapes Bill   is currently working its way through the House of Lords 

sign up to keep you informed with regard to the impending changes 

 

In Short 

The Tobacco and Vapes Bill aims to promote public health by reducing tobacco use and tackling youth vaping in the UK.

Key provisions include:

• Prohibition of sales to individuals born on or after January 1, 2009.
• Licensing of retail sales and registration of retailers.
• Control of advertising and promotion of tobacco and vaping products.
• Establishment of smoke and vape free zones   

 

A little more information below :-

 

Tobacco and Vapes Bill 2024

 

A licensing regime will be introduced which will be similar to the licensing act 2003  in terms of premises and personal licences to enable any sales

Specifics to be published in the coming months   anticipated coming into force in 2027

 

The government introduced the Tobacco and Vapes Bill (“the Bill”) on 5^th November 2024.

The  aim of the bill  proposals for a licensing scheme for tobacco products and the extension of smoke-free places.

key points of the Bill .

 

 Sale of tobacco products, herbal smoking products, and cigarette papers in England and Wales

 

The Bill prohibits the sale of tobacco products, herbal smoking products, and cigarette papers (“Tobacco Products”) to anyone born on or after 1 January 2009

 

Retailers must check the identification documents of purchasers of Tobacco Products to verify they were born before the Relevant Date.

 

Vaping and nicotine products,  require a purchaser to be aged 18 or over

 

The Bill sets out  specific acceptable forms of identification as passports, driving licences, and identity cards issued by the Proof of Age Standard Scheme.

 

 Tobacco vending machines in England and Wales  already banned  for tobacco, cigarette papers are now included

 

 Age of sale notices in England and Wales/ specific size to be indicated

Tobacco retailers must prominently display a notice within their premises that reads:

“It is illegal to sell tobacco products to anyone born on or after 1 January 2009.”

In Wales, the sign must be displayed in English and Welsh.

Failure to comply with this could lead to a fine of up to £1,000.

 

 Ban on the manufacturing, sale, and possession of “snus” in England and Wales  already in place

 

 Sale of vaping or nicotine products to under 18s in England and Wales

The law currently prohibits the sale of nicotine vapes to under-18s but there are currently no age restrictions for other nicotine consumer products.

The sale of vaping and nicotine products to under-18s will now be prohibited.

Retailers should be aware of the difference between the age restrictions for Tobacco Products, and vaping and nicotine products.

The sale of Tobacco Products to anyone born after the Relevant Date    1 st January 2009    will be prohibited.

The sale of nicotine and vaping products will be prohibited to anyone under the age of 18.

 Display of products or prices in England and Wales

The display, pricing, and display of empty packaging of Tobacco Products, vaping products and nicotine products will all be subject to regulations .

 

  Proposed Sanctions

When a person commits an offence, such as selling tobacco, vapes, or nicotine products in contravention of the age restrictions, twice within a 2-year period, they may be subject to the following sanctions:

 

Restricted Premises Order – A business will be prohibited from selling Tobacco Products, vaping products, and nicotine products for up to a year. The restriction will be registered as a local land charge and bind future purchasers. Retailers acquiring an interest in a property will need to conduct the relevant property searches to determine whether the property in question is subject to a Restricted Premises Order. Buyer beware!

Restricted Sales Order – A person, in their individual capacity, will be prohibited from selling Tobacco Products, vaping products, and nicotine products or from managing premises where these items are sold for up to a year. Retail employers will need to vet individuals to determine whether they are subject to a restricted sales order.

Fixed-penalty notices – Currently set at £2,500 for an offence of breach of licence conditions and £200 for other offences.

 

Directors and others in managerial roles may be guilty of an offence (committed with their consent or committed negligently) if they breach a Restricted Premises Order or incorrectly display products

 

 

The Bill allows the government to extend the definition of Tobacco Products, which would allow them to regulate new products on the market tin the future