Tobacco and Vapes Bill

Written evidence submitted by David Francis, Senior Enforcement Officer, Trading Standards Service, Aberdeen City Council (TVB23)

1. I ask the Committee to consider an amendment to the Tobacco and Vapes Bill.

2. I am David Francis and I work for Aberdeen City Council in the Trading Standards section. I sit on the National Tobacco and Abe Restricted Sales Group. I am the Subject Matter Expert for Scotland regarding Tobacco and Vapes. I sit on the Expert Vaping Panel which is part of Operation Joseph in England.

3. I make this submission in my personal capacity.

4. In England, Wales, and Northern Ireland the Bill - provides that an enforcement authority can apply to the Courts for –

a. A "Restrictive Sales Order" which relates to persistent offenders.

b. A "Restrictive Premises Order" which relate to Premises where persistent offences take place.

Example - Sections 12 to 17 of the Bill.

5. In Scotland, the Tobacco and Primary Medical Services (Scotland) Act 2010 as amended provides in sections 15 to 17 provisions for an enforcement authority to apply to the courts for a "Banning Order" or an "Ancillary Banning Order." These orders are for persistent offenders and associated others.

6. There is no provision for an enforcement authority to apply to the courts for an Order which relate to Premises where persistent offences take place in Scotland.

7. I would like the committee to consider the addition of an amendment to the Tobacco and Vapes Bill which would amend the Tobacco and Primary Medical Services (Scotland) Act 2010 with additional sections similar to Sections 12, 13,14, and 15 of the Bill to provide enforcement uniformity throughout the UK.

David Francis

Senior Enforcement Officer

Trading Standards Service

Aberdeen City Council

April 2024