Licensing scheme could prevent legitimate retailers from selling tobacco and vapes, ACS warns

The Association of Convenience Stores (ACS) has cautioned against the retailer licensing scheme proposed in the Tobacco and Vapes Bill, introduced in the parliament earlier this week, preventing legitimate retailers from operating based on the competition or the location of the store.

The government has published details of the Tobacco and Vapes Bill, including initial proposals for a retailer licensing scheme alongside a number of changes aimed at reducing youth access to tobacco and vaping products.

The bill confirms the government’s intention to create a ‘smoke free generation’ by phasing out the sale of tobacco products to anyone currently aged 15 or younger.

The bill will also include powers to introduce a licensing scheme for retailers to sell tobacco, vape and nicotine products in England, Wales and Northern Ireland, and will introduce on the spot fines of £200 to retailers found to be selling these products to people underage.

The licensing scheme, which has been outlined without any consultation with the retailers that will be most affected by it, includes the potential to limit the number of businesses in an area based on their proximity to other retailers in the area as well as other conditions determined by local authorities.

“A licensing scheme has the potential to help tackle the illicit market and punish those who sell to children, but unless properly structured it could also prevent legitimate traders from operating based on the presence of other outlets in the area, or the specifics of where that store is located,” ACS chief executive James Lowman said.

“This requires detailed consultation with local shops and other stakeholders, and none of this has taken place. We now need proper discussion of the detail as regulations are drafted, or we fear that this legislation will significantly impact investment, growth and service provision in our sector.”

Other measures in the bill include a ban on vape advertising and sponsorship, as well as powers to restrict the flavours, display and packaging of all types of vapes, as well as other nicotine products.

The bill follows confirmation last month that the government is planning to go ahead with a ban on disposable vaping products, which will come into force on June 1, 2025.

Lowman continued: “The Tobacco and Vapes Bill will require retailers to make significant changes in their businesses, both on age restricted sales processes and the way that their stores are stocked and managed. It is essential that the government provides retailers with clear guidance on the rules, and communicates the changes not just with retailers, but with the public as well.

“The introduction of £200 fines to act as a deterrent for retailers selling products to underage customers is welcome, but we are concerned that there is not enough enforcement right now to deal with the rogue operators in the tobacco and vaping market. Trading Standards need significantly more funding to be able to make a difference through targeted local enforcement, not just against those selling to young people, but also those who sell illicit products.”