Tobacco and Vapes Bill

Written evidence submitted by the North East Public Protection Partnership (TVB66)

Tobacco and Vapes Bill

I have been asked to write to you on behalf of the North East Public Protection Partnership regarding the Tobacco and Vapes Bill your committee are currently discussing.

The North East Public Protection Partnership is a regional partnership body which brings together the chief officers of the twelve North East Local Authorities representing Environmental Health, Trading Standards and Licensing Services, in order to ensure there is consistency and strategic co-ordination in regulation in the North East between neighbouring local authorities.

We have met to discuss the aims and objectives of the proposed tobacco and vapes bill and below are the comments that have been made regarding the proposed bill. We fully support the ambitions, of the proposals of the bill which will improve the lives and health of people across the country.

1. Banning the sale of tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009 (includes changes to existing offences re. proxy purchasing and age of sale notices)

Supported.

The Tobacco and Vapes Bill will introduce a new retail licensing scheme for sales of tobacco products. Smoking is the leading cause of preventable death and disease. As stated in the command paper: "Tobacco is the single most important entirely preventable cause of ill health, disability and death in this country, responsible for 64,000 deaths in England a year. No other consumer product kills up to two-thirds of its users. "Smoking is also a major cause of health inequalities. The command paper says: "Those who are unemployed, on low incomes or living in areas of deprivation are far more likely to smoke than the general population. Smoking attributable mortality rates are 2.1 times higher in the most deprived local authorities than in the least deprived.

It is agreed the policy is part of a vision to end the harms from smoking in this country for good. Adults impacted by this measure will never have been able to purchase tobacco legally and as a result, will be much less likely to be long-term smokers. Modelling shows that raising the age of sale could virtually eliminate smoking in under 30s by 2050. This means that there will be very few people impacted by this measure who are still smoking in their 30s and 40s.

Raising the age of sale is important for ensuring fewer people become addicted to smoking in the first place but it needs to be combined with measures to help existing smokers quit. This is a progressive policy that will help reduce smoking prevalence and the damaging effects on health, and we strongly endorse the measures on vapes, to help reduce their appeal to children.

Mandatory Guidance should be given on identity checks. There is a need for work with retailers on guidance on training and setting up age verification systems, such as already exist for alcohol sales.

2. Powers to extend smoke-free places legislation from indoor to specific outdoor public places.

Supported.

This is in keeping with a commitment to reduce smoking and protecting health. It is noted that this will be subject to further consultation. It is important that in places such as children’s play areas that they are smoke free to stop children picking up a role model to discourage smoking. Local Authorities in the north east already prohibit smoking in pavement café areas. It is felt that this power should include hospital grounds.

There is need to establish funding capacity for enforcement activity to support this objective. With the initial smoke free legislation brought in for indoor spaces there was significant work done to support businesses to change, we believe this element is critical to support culture change.

Any scoping of regulation on this matter needs to consider how enforcement would be carried out on private land.

It is agreed consultation with the public and businesses could establish a framework for where smoke free places could be established. Public debate should give equal voice on this matter.

3. Powers to create vape-free places .

Supported

Supported and regulation should be along the lines of tobacco controls in point 2. Consideration needs to be given to smoking provision for those that are in health care.

4. Power to regulate the flavours of vapes and other tobacco and nicotine products.

Supported

This part of the proposed regulation is e ssential if children are to be protected from using vape products . Consultation on exemptions is required. There is a need to target and prohibit flavours that appeal to children such as candy floss and bubble gum flavours. Every effort needs to be made to ensure vape products by their colour, taste or packaging are unattractive to children.

5. Power to regulate point of sale displays for nicotine and non-nicotine vapes and other nicotine products.

Supported .

There is need to c onsult on the regulations to ensure they work effectively. Existing tobacco legislation provides a good framework, which supports a public health-based approach to point of sale displays so the product is locked away and unattractive and without advertising .

Evidence shows that children are more likely to smoke if they are exposed to in-store tobacco marketing.

With tobacco products it is illegal to display tobacco products to the public. The display of prices of tobacco products is also restricted. Stores can display tobacco products temporarily in some circumstances. All price lists and labels for tobacco products must be in the format set out in the law. All information displayed must use Helvetica plain font. The only information that can be given is the brand name and price of the product (cigars can include the country of origin, dimension and size, and pipe tobacco can include the cut and type of tobacco used).

Non-compliance with the legislation is a criminal offence. Any person found guilty of such an offence, including shop managers and shop workers, is liable on summary conviction in a Magistrates’ Court to a fine not exceeding level 5 on the standard scale (currently £5,000 ), or imprisonment for a term not exceeding six months, or both.

The current law on tobacco placement is enforced by local authority trading standards officers. It is suggested these provisions are mirrored .

6. Power to regulate the packaging of vapes and other tobacco and nicotine products

Supported .

We believe requirements should be placed on packaging. The following should be regulated:

· Inserts in the packaging Setting out the type and size of font, colour, layout with the dimensions .

· Defining the specific information to use on packaging and information provided on where to seek more help to quit.

· Setting a date for suppliers for when packaging must appear on the UK market.

· Set out the penalties to manufacturers for non-compliance .

· The Government will need to liaise with Trading Standards in order to ensure that the appropriate offence, or offences, are included in regulations on pack inserts. We would recommend an offence is included which relates to the sale or supply of a tobacco product without the correct insert, so that Trading Standards can take enforcement action against the person selling. An example of this includes the Tobacco and Related Products Regulations 2016 where there is an offence to produce as well as supply product in breach of regulations.

· Health messaging should be on the outside of all tobacco, nicotine and vape products.

7. Stop the free distribution of vaping products, nicotine pouches etc

Supported

We are aware that vaping products have been distributed at festivals and on street.

8. Introduce age of sale restrictions for non-medicinal nicotine products and non-nicotine vapes.

Supported

9. A ban on vape and other nicotine product sponsorship and advertising.

Supported

10.  A ban on vape (and other nicotine products) vending machines.

Supported

This will bring vape products into line with tobacco regulation.

11. Powers to establish a new registration system for tobacco products, tobacco related devices, herbal smoking products, vaping products and nicotine products.

There will be need for regulators to access information held on the register.

12. Enabling trading standards to issue fixed penalty notices (FPNs) for breaches of age of sale, proxy sale, free distribution, tobacco notice, and display restrictions.

Supported

Th is provision is welcomed. Fee income from fixed penalties should be kept and ring fenced for tobacco and vape regulation work within the enforcing local authority. There is a need for a review of the guidance and role of test purchasing this could be covered in national guidance. The recommendation currently is that a proportion of the income is paid back to central funds.

Government funds of £30 million have been set aside to assist in regulation. This approximates to £20,000 a year for 5 years for each local authority. Any monies for enforcement work need to be ring fenced through a s31 grant to ensure that this money is used for regulatory functions. This needs to be enforced at a very local level. The FPN system will not self-fund regulation. The typical annual cost of a trading standards officer is £46,000 for a full-time officer. There needs to be resourcing for the implementation of this legislation and dealing with the significant criminal activity that goes on with illicit product.

More than a million illegal vapes were seized by Trading Standards in 2023/2024, new data released from National Trading Standards (NTS) and the Department of Health and Social Care (DHSC) shows.

· 1.19 million illegal vapes seized by Trading Standards in 2023-24, a 59% increase.

· 299,224 vapes confiscated in Q4 2023-24 alone.

· 24% of test purchases in Q4 2023-24 resulted in illegal sales of vapes to children.

· A second operation** seized 46 million illicit cigarettes and 12,600kg of hand-rolling tobacco in the last three years.

A joint government initiative, Operation Joseph, has tracked over 1.19 million illegal vapes removed from sale across England, a 59% increase in the number seized compared to the previous year. The products seized failed to meet basic UK safety standards, with most containing excess nicotine levels.

Operation CeCe - a joint initiative between National Trading Standards and HM Revenue & Customs (HMRC) running since 2021 - continues to disrupt the illicit tobacco trade. In 2023-24, over 19 million illicit cigarettes and more than 5,103 kg of hand-rolling tobacco worth £11.7 million were seized by Trading Standards. Since the operation started three years ago, 46 million illicit cigarettes and 12,600kg of hand-rolling tobacco have been seized, disrupting the illegal trade which undermines efforts to drive down smoking rates – including taxation policies.

Illicit tobacco deprives around £2.2 million of revenue a year from public services.

13. England and Wales: Create a licensing scheme for tobacco and nicotine products (including vapes) so that only premises which have a license can sell them. Scotland and NI already have registration schemes in place which the Bill amends to create conditionality .

The Licensing Act 2003 provides a framework on which to base tobacco licensing. It is agreed that personal licences are also a positive step forward. There will be the need for the establishment of relevant d esignated premise supervisor training if the system is to mirror the L icensing Act 2003. The Licensing Act also has useful published s182 Guidance which gives a structured framework on which local authority licensing authorities can base their systems.

The review system within the current Licensing Act provides a good way of dealing with operators who do not uphold the licensing objectives. The cumulative impact system from the Licensing Act could be used to introduce a public health-based approach to ensuring that community issues are appropriately highlighted and taken into account when issuing licences . Proximity to schools, anti-social behaviour, protection of children from harm, prevention of crime and disorder, health and safety, nuisance and public health are the objectives that should be set into the regulations.

In terms of personal licences, the "fit and proper determination" of applicants is essential to ensure that licences are only help by responsible retailers.

The existing licensing regime sets a good regime of setting fees at a national level so there is consistency and equality. It should also be ensured that the new licensing regime does not allow a repeat of the mistakes in Private Hire Vehicle licensing where one local authority is able to licence all over the country.

I hope the above information is of use to you and your committee as you discuss this important groundbreaking piece of legislation to deal with a serious public health issue. Please do not hesitate to contact me if you need anything further.

You r s sincerely,

Ed Foster BSc.( hons) CEnvH PgDip

Head of Public Safety and Regulation Newcastle City Council

January 2025