Most convenience stores caught selling illicit vapes in England are escaping financial penalties, as trading standards depart­ments claimed fines were not the most effective deterrent.

Analysis of freedom-of-information responses by Better Retailing’s sister title, RN, found that fines had not been issued in 16 out of 21 English counties in the year up to May 2024.

The county with the most fines issued for selling illicit vapes was Derbyshire (four), fol­lowed by Lincolnshire (two), County Durham, North Yorkshire and County Durham (one).

The volume of illicit reports also severely out­weighed the number of fines during the 12-month period, with penalties representing just 2% of the 543 identified illicit sellers.

Despite this, the num­ber of illicit reports and fines had both halved year on year.

James Whiddett, operations manager at Kent Trading Standards, told Better Retailing fines could only be issued through courts following prosecutions, but added the body was awaiting new legislation to give it similar powers. However, he said fines on their own were “not the most effective ap­proach to prevent illegal vape sales”.

Alternative penalties more effective

Meanwhile, Helen Dee­ley, quality assurance lead at Warwickshire Trading Standards, said no fines were issued in the region “because alternative forms of disruption are more effective, such as seizures, frequent visits, evictions and licensing reviews”.

Whiddett added that resources were “finite”, and education through a new vapes team is cur­rently “achieving results” through positive engage­ment with businesses.

The Independent Brit­ish Vape Trade Associa­tion has called for fixed penalty notices to be included in the upcoming Tobacco & Vapes Bill.

Chief executive Gillian Golden said: “We hope [fixed penalty notices] are set at a level that acts as a suitable deterrent for those intent on breaking the law. However, it would be naive to think they will resolve all our sector’s challenges.”

Calls for increased funding are also being heard to reduce illicit vape sales.

John Dunne, director general of the UK Vaping Industry Association, said £168m is needed over the next five years to ef­fectively enforce current vape legislation in the UK.

Retailer view

Jai Singh, of MJ’s Local in Parsons Cross, Shef­field, said the findings were “not surprising at all”.

He told Better Retailing: “The issue is out of hand. A lot of customers come to our store and ask us for under-the-counter stuff. I know they’re going somewhere else to get them, and it’s unlikely there will be consequences.”

Another retailer, who could not be identified for legal reasons, said two stores trading nearby were also continuing to sell illicit vapes, despite repeated reports to trad­ing standards.