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Accurate as of 11 March 2025
The Tobacco and Vapes Bill gives the government the ability to introduce a new licensing scheme for the retail sale of tobacco products, herbal smoking products, cigarette papers, vapes, and nicotine products. The scheme will be introduced in regulations and will cover online and in person retailers. Once the scheme is introduced, selling these products not in accordance with the correct licences and their accompanying conditions could result in criminal prosecution or civil financial penalties. Further details are awaited from the Government.
Yes, following passage of the Bill the Government will consult on the design of the licensing scheme, ahead of introducing regulations.
Once the scheme is introduced, a personal licence will be required to sell relevant products at retail, exposure these products for retail sale, or possess them for the purpose of retail sale. A premises licence will be required to use or permit the use of premises to store these products for the purpose of their retail sale, expose them for retail sale, or supply them to a retail customer. Details will be consulted on ahead of the introduction of regulations.
The Tobacco and Vapes Bill covers all tobacco, vaping and nicotine products. This includes:
Cigarettes
Hand rolling tobacco
Cigarette papers
Cigars
Cigarillos
Pipe tobacco
Waterpipe tobacco (e.g., shisha)
Herbal smoking products
Nasal tobacco (snuff)
Chewing tobacco
Heated tobacco
Blunts tobacco and herbal
Herbal shisha
Flavoured or unflavoured nicotine vapes (liquid bottles, pods/cartridges)
Flavoured or unflavoured non-nicotine vapes (liquid bottles, pods/cartridges)
Nicotine shot liquids to be placed in Shortfills/Longfills
Vape devices (tank-based, single-use, cartridge/pod systems including e-hookah, e-cigars, e-pipes)
Heated nicotine sticks (Neafs)
Herbal/Vitamin vapes (liquid or single-use, pod/cartridge, classes as non-nicotine vapes)
Nicotine pouches
All future and emerging nicotine and tobacco products.
Applications will be made to the licensing authority. However, exact details are unknown at this point and will be subject to consultation. Local Authorities are encouraged to highlight lessons from other licensing schemes as part of this consultation process to support the design of the new scheme, including the application process.
The licensing scheme will come into force on a date to be specified in regulations. Further details as to the exact date are awaited – although we would expect a lead-in of somewhere between six and 12 months. Government would welcome input from Local Authorities on timelines for implementation and transition as part of the consultation process.
Regulations will state the retailers that are able to apply for licenses. The new law will allow for regulations that permit licensing authorities to refuse licences in a particular area or limit the number of licences within a particular area. The regulations may make provision requiring a licensing authority not to grant a premises licence unless the premises have been inspected in accordance with the regulations. However, these details will be determined in regulations following Government consultation.
Yes, the new law will allow for regulations to permit licensing authorities to charge an application fee. The scale of any such fees remains unknown at this stage and will be subject to consultation.
The new law will allow for regulations to impose conditions on licence holders. This will be considered in consultation. License holders will also be expected to meet their legal obligations in relation to the sale of tobacco, vaping and nicotine products as set out in primary and secondary legislation.
The new law will allow for regulations to determine the duration, renewal, variation, suspension or revocation of licences. This will be considered in consultation.
The regulations must specify the circumstances in which a person may request a review of a decision taken under the regulations. This will be considered in consultation.
Committing a licensing offence (i.e. selling not in accordance with a licence) will be a criminal offence which carries a level 5 (unlimited) fine on conviction in a magistrates’ court. The Tobacco and Vapes Bill includes provisions for Trading Standards to issue a fixed penalty notice (on-the-spot fine) to the value of £2,500* for a licensing offence, as an alternative to criminal prosecution. In addition to criminal fines or fixed penalty notices for committing a licensing offence, those found to be in breach of the conditions of their licence can face a civil penalty of up to £2,500.
*note that the Tobacco and Vapes Bill also introduces £200 fixed penalty notices for other offences (age of sale offences, proxy sale offences, free distribution offences, display offences, tobacco retail notice offences).
Requirements on retailers such as training will be considered as part of consultation.
Yes, several countries have implemented licensing systems for tobacco products or retailers. In Australia: Retailers need a license to sell tobacco products. This helps regulate the sale and distribution of tobacco and ensures compliance with public health laws. In Canada: Different provinces have their own licensing requirements for tobacco retailers. For instance, in Ontario, retailers must obtain a Tobacco Retail Dealer's Permit. In Singapore: The sale of tobacco products is tightly controlled, and retailers must have a license to sell them.