The UKVIA has launched a ‘framework’ for a vape licensing scheme to clamp down on rogue businesses in response to a ban on disposables and measures restricting the category.

On 29 January, prime minister Rishi Sunak pledged a ban on disposable vape products to protect children’s health, alongside a raft of measures for the sector.

The measures included restrictions on flavours that are seen to be more appealing to children, plainer packaging and changes to the way retailers can display vape lines as they will have to be moved “out of sight of children and away from products that appeal to them, like sweets”.

On 21 February, the UKVIA launched a framework for the sector at a parliamentary event, a programme of enforcement funded by retail fees and including a four-strike penalty system. The UKVIA estimates that the proposed scheme could generate upwards of £50m per year for enhanced enforcement.

The scheme would be administered at local authority level, and governed at central government level which provides local Trading Standards teams with a ‘joined-up national enforcement playbook’.

‘Inappropriate’ businesses such as takeaways, hairdressers and taxi ranks would be blocked from obtaining a licence under the scheme, while pubs and clubs would be permitted to apply for a licence.

Dunne said: “This is an incredibly important and timely piece of work, and one the government should pay careful consideration to if it is serious about its commitment to tackling youth vaping while also working towards a smoke-free future and giving adults the best chance of quitting.

“Action must be taken to put an end to underage and illicit vape sales but a ban on disposables will turbo-charge the black market and make illegal vapes more readily accessible to young people, while also outlawing a product which has successfully helped adult smokers move away from and completely stay off cigarettes. Instead, the government must bring the hammer down on rogue traders by ensuring existing laws can be effectively and proactively enforced – this is the blueprint to make that happen.”

Qualifying for a licence

To qualify for a licence, retailers would be required to meet and maintain a strict set of ‘qualifying criteria’, covering the key areas of youth access prevention, quality control and product standards, marketing and advertising practice and environmental and recycling obligations.  

The four-strike penalty system would see retailers who flout the rules four times slapped with a maximum fine of £10,000 and face losing their licence.

Unapproved sellers would automatically face a £10,000 fine.

The scheme would also include test purchasing every 6 months and stock checks.

Dan Marchant, co-founder of the UKVIA, said: “It doesn’t matter what legislation the government introduces, whether the newly announced ban on disposables or any future restrictions, a robust and balanced licensing system is critical to ensuring the law can actually be enforced and for ushering in a new era of responsibility, accountability and best practice. We don’t allow businesses to sell alcohol, surgeons to operate or drivers to get behind the wheel without a licence – why should the sale and supply of vaping products be any different?”

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