What is the Tobacco & Vapes Bill?

Felicity Tulloch, Partner

Firstly, the Tobacco & Vapes Bill will introduce an incremental ban on the sale of tobacco with the effect that it will be an offence to sell tobacco to anyone born on or after 1 January 2009, creating a generational ban.

Secondly, it will tighten control of the sale of vapes and vaping products.  Under separate legislation, a ban on single use vapes is planned to take effect from 1 June 2025.

Thirdly, it is expected to extend the ban on smoking in public places, such as outside schools, hospitals and in playgrounds.  However, plans in previous drafts of the Bill to also ban smoking outside pubs, bars and other licensed premises have been stubbed out.

Interestingly, the Bill also includes provisions for a licensing scheme, and a requirement for retailers to register as part of that scheme, in a similar way in which hospitality businesses are obliged to under the Licensing Act 2003 if they want to sell alcohol or provide entertainment.  Familiar terminology, such as ‘premises licences’, ‘personal licences’ and ‘licensing authorities’ mean parallels are naturally being drawn with existing alcohol legislation.  Guidance is yet to be issued, and fees and other details have not been confirmed.  However, retailers should start to prepare themselves for significant changes to the way in which cigarettes and tobacco products are sold.

If you’d like to discuss this topic, or any other licensing related issue, please contact our Licensing team on 0161 832 3434.