The ACS has warned a clampdown on rogue vape sellers must not hit responsible retailers with undue administrative burden or prevent them from selling tobacco and vape products altogether.
The trade body was responding to proposals from the Department of Health & Social Care today to require retailers to have a licence to sell tobacco, vapes and nicotine products.
The proposals aim to give enforcement officers more powers to shut down rogue traders selling illicit products on the high street, and targeting children with cheap, colourful vapes in shops also selling sweets and toys. The plan is also intended to protect legitimate retailers.
Those caught breaking the rules face unlimited fines or on-the-spot penalties of £2,500.
The government is calling for evidence to help shape the regulations as part of the Tobacco and Vapes Bill, which aims to create a smoke-free generation.
The consultation is looking at all aspects of a licensing scheme, including the cost and structure of licence fees, how licences are granted, how long they last, what the licensing conditions should be, and how experience of other licensing schemes, such as those already in place for alcohol, can inform the process.
“Unless properly structured, a licensing scheme for tobacco and vapes could result in responsible retailers of a wide range of products and services being subjected to more administrative burdens, or prevented from operating, just because of their location,” warned ACS CEO James Lowman.
“We are clear that the object of a new licensing scheme should be to clamp down on rogue sellers and the billions lost through illicit sales every year, but this must not come at the expense of legitimate businesses.”
Lowman added: “We welcome the opportunity to respond to the call for evidence on behalf of local shops, and will continue to outline what we believe is an effective licensing system to increase compliance and stamp out the illicit trade.”
Health minister Stephen Kinnock said: “We aim to close a major gap in the law – making it necessary for shops to hold a licence to sell tobacco, vapes and nicotine products.
“Our new proposals will better protect children by rooting out the rogue retailers blighting our high streets and help adults know which shops are selling legitimate products.
“We want expert views on how we can develop the strongest possible regulations to protect our children as part of our Plan for Change, while ensuring adult smokers can still use vapes to quit smoking.”
Independent British Vape Trade Association CEO Gillian Golden said: “Policies designed to regulate vaping must be based on evidence rather than public opinion, which has too often been manufactured by media and political hysteria.
“We therefore welcome this call for evidence published today. Vaping remains the UK’s most successful and most popular way for adults to smoke to quit. This public health opportunity must be protected, while tackling the illicit trade and illegal underage sales.”
The government’s call for evidence is also seeking views on flavours and ingredients, nicotine strength, design and appearance, industry compliance.
The Tobacco and Vapes Bill, which is currently progressing through parliament, is also set to ban the advertising and sponsorship of vaping and nicotine products, and provide powers for regulating flavours, packaging, and how and where vapes and nicotine products are displayed in shops.
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