Home / Clearing the air: Tobacco and Vapes Bill update
18th March 2026
Claire Morris, Associate
The Tobacco and Vapes Bill continues to make its way closer to Royal Assent, having passed through its Report Stage and Third Reading in recent days. A proposed 12-month lead-in to the new legislation coming into force was rejected at the Report Stage on 3 March 2026 in favour of a graded introduction of regulatory instruments containing the necessary detail of how the new regime will operate. Retailers will need to react quickly to the new regulatory framework. It is expected that relevant interested parties will be invited to take part in consultations prior to the introduction of regulations.
Royal Assent is still anticipated towards the end of April 2026, and the introduction of the landmark generational ban on selling tobacco and herbal smoking products remains on course for 1 January 2027, despite an alternative proposal that the smoking age should be raised from 18 to 21 years instead.
Part of the Report Stage debated raising the age limit for smoking from 18 to 21 years old instead of introducing the generational ban. The arguments for raising the age limit centred around greater ease of implementation and less intrusion on personal freedom. This was heavily rejected, with arguments favouring the need to eliminate smoking over time.
The 12-month transition period was originally proposed as a means of ensuring all interested parties, such as retailers and councils, had sufficient time to prepare for the introduction of the brand new statutory framework following Royal Assent. Without such a lead-in period, there was a concern that businesses were potentially at risk of confusion leading to non-compliance and enforcement. The key areas of concern focused on implementing the new licensing regime, adapting age verification systems, changing supply chains and product ranges, and the all-important staff training and compliance processes.
However, during the Report Stage, such concerns were outweighed by the importance of retaining the flexibility of the staged introduction of various parts of the legislation. This would promote the faster introduction of the various public health benefits, including the generational ban. Long implementation windows also create potential opportunities to try to dilute the proposed measures. This is a clear indication of the cross-party determination to introduce the new legislation as soon as possible, with the finer details to be confirmed at a later date.
As you will see below, the details of what retailers and local authorities need to be ready for are yet to be set out. Nevertheless, they will need to adapt quickly to the new regulatory measures when they are introduced. It is expected that they will be supported throughout, including being given notice of forthcoming measures and invited to take part in consultations. It is also expected that each set of regulations will be supported by the appropriate national guidance.
The underlying concerns regarding smoking and the proliferation of vaping shops and products, especially their attractiveness to children, are well rehearsed. The legislation is wide-reaching in terms of the products it covers, how sales will be licensed and managed, and various measures to protect public health including the generational ban and measures designed to decrease the attractiveness of vaping products and prohibit their sales to children. The legislation will also regulate the sale, advertising and sponsorship of vaping (nicotine and non-nicotine) products.
However, a significant amount of regulatory detail will not be in place by the time Royal Assent is granted and remains to be confirmed in subsequent regulations.
From a licensing perspective, it has been widely commented that the intended scheme somewhat reflects that of the Licensing Act 2003, particularly given the requirement for premises and personal licences. The licensing scheme will be operated by the local authority and supported by a range of enforcement powers. These include unlimited fines upon conviction by a magistrates’ court for the most serious of licensing offences, for example, trading without the required licence or operating outside the licensing permissions. Trading standards can issue fixed penalty notices of up to £2,500 for a licensing offence as an alternative to prosecution. A lower-level breach of conditions can also attract a civil penalty of up to £2,500.
However, whilst penalties for non-compliance have been set out, the details of the regulatory system itself have yet to be determined, including:
It is expected that those taking part in future consultations will be invited to draw upon their experiences of the Licensing Act 2003 framework.
The new legislation will affect a significant number and variety of businesses ranging from small shops to supermarkets, hospitality venues and online sellers. All of those affected by the Tobacco and Vapes Bill need to remain alert and be involved to ensure they are ready to comply with the new licensing regime. We would strongly suggest that those already retailing such products and those who are affected by the sales of such products keep an eye open for the public consultations. We will provide more details on these as they become available.
If you would like to talk to a member of the licensing team about the implications of the new legislation, please contact us on 0161 832 3434, or email [email protected].
Contributors: Rebecca Egan, Specialist Licensing Paralegal