A Bill to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.
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This is not the latest version of the Bill
Available Versions
| Date | Debate |
|---|---|
| Thursday 30th October 2025 | Committee stage |
| Monday 27th October 2025 | Committee stage |
| Date | Debate |
|---|---|
| Wednesday 26th March 2025 | Report stage |
| Date | Debate |
|---|---|
| Tuesday 28th January 2025 | Committee stage: 14th sitting |
| Tuesday 28th January 2025 | Committee stage: 13th sitting |
| Thursday 23rd January 2025 | Committee stage: 12th Sitting |
| Thursday 23rd January 2025 | Committee stage: 11th Sitting |
| Tuesday 21st January 2025 | Committee stage: 10th Sitting |
| Tuesday 21st January 2025 | Committee stage: 9th Sitting |
| Thursday 16th January 2025 | Committee stage: 8th sitting |
| Thursday 16th January 2025 | Committee stage: 7th sitting |
| Tuesday 14th January 2025 | Committee stage: 6th Sitting |
| Tuesday 14th January 2025 | Committee stage: 5th Sitting |
| Thursday 9th January 2025 | Committee stage: 4th Sitting |
| Thursday 9th January 2025 | Committee stage: 3rd Sitting |
| Tuesday 7th January 2025 | Committee stage: 2nd Sitting |
| Tuesday 7th January 2025 | Committee stageCommittee Sitting: 1st Sitting |
Relevant Documents
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Page 1
Part 1
Sale and distribution: England and Wales
Sale of tobacco etc
Source Bill 121 EN 2024-25
57. Clause 1 introduces a new age of sale restriction for tobacco products, herbal smoking products and cigarette papers. This clause makes it an offence for retailers to sell, defined as sell by retail as outlined in clause 48 (Interpretation of Part 1), tobacco products, herbal smoking products or cigarette papers to anyone who is born on or after 1 January 2009. This replaces the current age of sale restriction set out in the Children and Young Persons Act 1933 (the 1933 Act), as amended by The Children and Young Persons (Sale of Tobacco etc) Order 2007 which made it an offence to sell tobacco, herbal smoking products or cigarette papers to someone who is under the age of 18 in England and Wales. Tobacco products, herbal smoking products and cigarette papers were in scope of the 1933 Act and are also in scope of the new age of sale restrictions in this Bill.
58. Clause 48 (Interpretation of Part 1) sets out the scope of the age of sale restrictions by setting out the definition of tobacco products: "tobacco product" means a product consisting, wholly or partly of tobacco and intended to be smoked, sniffed, sucked, chewed or consumed in any other way. The intention is to include any type of tobacco product that might be produced for consumer use, regardless of how that product is consumed. Products that are currently available on the UK market are all considered to be captured by this definition. The additional wording 'consumed in any other way' is intended to cover emerging products with novel forms of usage.
59. Cigarette papers include anything intended to be used to encase tobacco products or herbal smoking products to enable them to be smoked. These therefore include products such as cigarette tubes.
60. In the 1933 Act, herbal smoking products are understood to be a type of tobacco product as it is set out that the expression "tobacco" includes smoking mixtures intended as a substitute for tobacco (section 7(5)). This Bill provides an altered definition of tobacco products which does not include herbal smoking. Herbal smoking products are understood as a product consisting wholly or partly of vegetable matter and intended to be smoked but not containing tobacco. Herbal smoking products are captured by this Bill, but they are defined and listed separately in this legislation.
61. The intention is to capture any products that contain tobacco and are used as consumer products as well as other herbal products that are smoked, due to the harmful nature of smoking. Whilst herbal smoking products do not contain nicotine or tobacco, they do contain cancer causing chemicals, tar and carbon monoxide, similar to a tobacco cigarette. Cigarette papers have also been included in the new age of sale restrictions as they are burnt with the tobacco.
62. The age of sale restriction does not apply to sales in the course of a business so would not prevent someone born on or after 1 January 2009 from being employed in a tobacco retail business or wholesaler. See the definition in clause 48 (Interpretation of Part 1) of 'sell' as sell by retail.
63. The age of sale restriction does not make it an offence for someone born on or after 1 January 2009 to possess or use tobacco products, herbal smoking products or cigarette papers.
64. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
65. The clause provides that it is a defence for someone who is charged with the age of sale offence to prove they were shown what appeared to be an identity document belonging to the purchaser and that the date of birth shown on that document was before 1 January 2009, or that they otherwise took all reasonable steps to avoid committing the offence. The clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of man, a European Union photocard driving licence, or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram.
Page 2
Source Bill 121 EN 2024-25
66. Clause 2 makes it an offence for any adult aged 18 or over to buy, or attempt to buy, tobacco products, cigarette papers or herbal smoking products on behalf of anyone who is born on or after 1 January 2009, commonly referred to as 'proxy purchasing'. This is to ensure alignment with the new age of sale restriction in clause 1 (Sale of tobacco etc.). This clause replaces the current offence under section 91 of the Children and Families Act 2014 for someone aged 18 or over to buy, or attempt to buy, tobacco products or cigarette papers on behalf of someone who is under 18 in England and Wales.
67. The clause avoids the criminalisation of children by specifying that the offence is committed by an individual aged 18 or over.
68. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
69. It is a defence if a person charged with this offence can prove they had no reason to suspect that the other person was born on or after 1 January 2009 or they can prove that they had no reason to believe that the other person intended to use the cigarette papers for smoking.
Source Bill 121 EN 2024-25
70. Clause 3 sets out that it is an offence if a person manages or controls a premises where a tobacco vending machine ("an automatic machine from which tobacco products, herbal smoking products or cigarette papers may be bought") is available for use on the premises. This clause re-enacts and consolidates the existing provisions in the Children and Young Persons (Protection from Tobacco) Act 1991, which introduced a regulation making power to prohibit the sale of tobacco from an automatic machine in England and Wales. This has been updated to also include cigarette papers to align with the products in scope of the age of sale provision.
71. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
Source Bill 121 EN 2024-25
72. Clause 4 sets out the prohibition against selling cigarettes when they are not in their original packaging. Tobacco retailers must sell cigarettes in the packaging that they are supplied to the retailer in (defined as original packaging) and not doing so is an offence. This re-enacts the offence under section 3 of the Children and Young Persons (Protection from Tobacco) Act 1991.
73. Anyone who is convicted of an offence under this provision may receive a fine up to £1,000 (level 3 on the standard scale).
Page 3
Source Bill 121 EN 2024-25
74. The clause requires a tobacco retailer (a person who carries on a business involving the sale of tobacco by retail) to display an age of sale notice in a prominent position that says, ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009". A premises means any place including a vehicle or moveable structure, for instance, this would include stalls at car boot sales.
75. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).
76. Clause 5(4) provides a regulation making power for the Secretary of State to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, such as the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.
Source Bill 121 EN 2024-25
77. Clause 6 makes the same provision for retailers in Wales selling tobacco products as clause 5 (Age of sale notice at point of sale: England) does for England. The clause requires a tobacco retailer in Wales to display notices stating the new age of sale requirements. This clause applies to Wales only.
78. The clause requires a tobacco retailer in Wales to display an age of sale notice in a prominent position with the text in both English and Welsh. ". It is illegal to sell tobacco products to anyone born on or after 1 January 2009" and ". Mae'n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009". The new sign must be displayed from 1 January 2027.
79. The penalty for failure to display a notice is a fine of up to £1,000 (level 3 on the standard scale).
80. Clause 6(4) provides a regulation making power for the Welsh Ministers to stipulate requirements for the size or appearance of the statement to be displayed on the notice or any other aspect of the notice, one example could be the colour of the notice. Requirements for the notice will be set in regulations before 1 January 2027. This is a re-enactment with modifications of the regulation making power under Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (the 1991 Act). Under section 4 of the 1991 Act it is a requirement for any retailer in Wales selling tobacco products to display a notice that says, ". It is illegal to sell tobacco products to anyone under the age of 18". The Protection from Tobacco (Display of Warning Statements) Regulations 1992 were made using the powers in section 4.
Page 4
Snus etc
Source Bill 121 EN 2024-25
81. Clause 7 makes it an offence to manufacture a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.
82. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.
83. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
Source Bill 121 EN 2024-25
84. Clause 8 makes it an offence to sell a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form.
85. This is a re-enactment of the prohibition on the production and supply of oral tobacco intended for consumption within the UK or through the travel retail sector in Regulation 17 of The Tobacco and Related Products Regulations 2016. The Bill extends these restrictions to include a ban on snus intended for export which simplifies enforcement and reduces the possibility of such harmful products being available within the UK.
86. It is a defence for a person charged with an offence under this provision to prove that they took all reasonable steps to avoid committing the offence.
87. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
Page 5
Source Bill 121 EN 2024-25
88. Clause 9 makes it an offence for a person to have a tobacco product that is intended for oral use, is not intended to be inhaled or chewed and consists wholly or partly of tobacco in powder or particulate form in their possession with intent to supply it in a course of business.
89. It will not be an offence to possess relevant oral tobacco products for personal use or to give as a personal gift.
90. An individual who is convicted of an offence under this provision may receive a fine or may be imprisoned for a term not exceeding 2 years, or both.
Sale of vaping and nicotine products etc
Source Bill 121 EN 2024-25
94. Clause 10 makes it an offence to sell a vaping or nicotine product to someone under the age of 18. This replaces the existing age of sale restriction for nicotine inhaling products (nicotine vapes) as set out in The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015 which made it an offence to sell a nicotine vape to children under the age of 18. Currently there are no age of sale restrictions for other consumer nicotine products.
95. A vaping product is defined in clause 48 (Interpretation of Part 1) as a vape or vaping substance. This is a change from the existing age of sale provision which currently only includes nicotine vapes. This has been changed to ensure a consistent approach across all types of vape, and to ensure that the bill gives us the powers to regulate e-liquids and refills along with the vape device itself. This change will come into force six months after the Bill is passed.
96. A nicotine product is defined in clause 49 (Meaning of "nicotine product") and is self-explanatory.
97. An individual who is convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale).
98. Clause 10 provides that it is a defence for someone who is charged with the offence to prove they were shown what appeared to be an identity document belonging to the purchaser and it confirmed that the customer was 18 or over, or that they otherwise took all reasonable steps to avoid the commission of the offence. This clause defines "identity document" as a passport, a UK driving licence, a driving licence issued by any of the Channel Islands or the Isle of Man, a European Union photocard driving licence or an identity card issued by the Proof of Age Standard Scheme and bearing its hologram (a PASS card).
Source Bill 121 EN 2024-25
99. Clause 11 makes it an offence for a person aged 18 or over to buy, or attempt to buy, a vaping product or a nicotine product on behalf of someone who is under the age of 18, also known as proxy purchasing. This clause replaces section 91 of the Children and Families Act 2014 (the 2014 act), which made it an offence for someone over 18 to buy, or attempt to buy, a nicotine inhaling product (nicotine vape) on behalf of someone who is under the age of 18.
100. The 2014 Act currently only applies to nicotine vapes, and the new restriction will apply to all vapes. This clause also extends the restriction to include nicotine products as currently there are no restrictions on the proxy purchasing of nicotine products. This change will come into force six months after the Bill is passed.
101. Anyone convicted of an offence under this provision may receive a fine of up to £2,500 (level 4 on the standard scale). It is a defence for a person charged with an offence to prove that they had no reason to suspect that the other person was under the age of 18.
Page 6
Source Bill 121 EN 2024-25
102. Clause 12 makes it an offence for a person who manages or controls a premises to have a vape or nicotine product vending machine ("an automatic machine from which vaping/nicotine products may be bought") available for use on the premises. The offence will come into force six months after the Bill achieves Royal Assent, this is so that premises that currently contain a vape or nicotine product vending machine will have time to remove or stock the machine with alternative products.
103. This clause introduces a new offence as there are currently no restrictions on the use of vape vending machines or nicotine product vending machines, unlike tobacco vending machines, which were banned by regulations made under the Children and Young Persons (Protection from Tobacco) Act 1991.
104. A person convicted of the offence may receive a fine of up to £2,500 (level 4 on the standard scale).
Displays of products or prices
Source Bill 121 EN 2024-25
105. Clause 13 provides the Secretary of State with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging or anything that represents the products, in retailers in England.
106. Under the Tobacco Advertising and Promotion Act 2002 and regulations made under that Act there are already restrictions on the display in the course of business of tobacco products and prices. However, there are no restrictions under current legislation on where vaping products and nicotine products, as well as their prices, can be displayed in retail premises. This Bill provides for new regulations for the display of tobacco products to be developed. These will replace the existing regulations and the scope of these regulations may extend to other products.
107. Subsection (6) confirms that before making regulations under this clause the Secretary of State must consult.
108. Clause 13 also facilitates the creation of offences for the failure to comply with the regulations and anyone convicted of an offence under this clause could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.
Page 7
Source Bill 121 EN 2024-25
109. Clause 14 provides the Welsh Ministers with powers to regulate the display of tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products and their prices, as well as the display of empty retail packaging, in retailers in Wales. Similarly, to England, there are already restrictions on displays in the course of business of tobacco products in Wales under the Tobacco Advertising and Promotion Act 2002 and regulations made under it. The existing regulations will be replaced at the same time as the Tobacco Advertising and Promotion Act 2002 is repealed.
110. Subsection (6) of this clause confirms that before making regulations under this clause Welsh Ministers must consult.
111. The power under clause 14 sets out that the regulations may provide for the creation of offences for the failure to comply with the regulations and anyone convicted of an offence could be subject to imprisonment for a term not exceeding 2 years, a fine, or both.
Page 8
Free distribution and discounts
Source Bill 121 EN 2024-25
112. Clause 15 makes it an offence to give away, any product or a coupon (defined as anything (whether in physical or electronic form), which can be redeemed for a product or service or for cash or any other benefit) to a member of the public where the purpose or effect is to promote a relevant product.
113. It is currently prohibited under section 9 of the Tobacco Advertising and Promotion Act 2002 (TAPA) to give away (in the course of a business) any product or coupon where the purpose or effect of which is to promote a tobacco product. This clause replaces section 9 of TAPA and extends the scope as there are currently no restrictions on businesses freely distributing nicotine and non-nicotine vaping products, cigarette papers, and herbal smoking products.
114. This clause also makes it an offence to sell a relevant product or coupon at a substantial discount. There is a regulation making power in TAPA to extend the ban on free distribution of tobacco products to cover selling a product at a substantial discount. This has been re-enacted as a ban on the face of the Bill rather than a regulation making powers there is no intention to permit selling a product or coupon at a substantial discount to circumvent the restriction on free distribution.
115. This clause provides that there is a defence available where a person is charged with giving away a vaping product or nicotine product or coupon for such if they can prove it was done in accordance with arrangements made by a public authority. If this defence is satisfied, then they are not guilty of the offence. An example of this could be where a government body funds a smoking cessation programme that utilises vapes as a cessation tool and provides them for free.
116. Anyone convicted of an offence under this clause may be subject to imprisonment, a fine, or both.
Retail licensing: England
Source Bill 121 EN 2024-25
117. Clause 16 provides the Secretary of State with the power to make regulations regarding the granting of personal and premises licences.
118. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in England, except under the authority of and in accordance with a personal licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
119. This clause also prohibits a person from using or permitting the use of premises in England, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping, or nicotine products to retail customers except under the authority of and in accordance with a premises licence. The Secretary of State may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
120. Before exercising the power to make regulations under this clause, the Secretary of State must consult. Further detail on what the licensing scheme regulations in England may include are set out in schedule 1. Any regulations made under clause 16 are subject to the affirmative resolution procedure.
licence
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Source Bill 121 EN 2024-25
130. Clause 17 sets out that anyone who breaches the prohibitions set out in clause 16(1) and 16(2) commits an offence.
131. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.
132. A person convicted of an offence under clause 17(1) or 17(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, local weights and measures authorities may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).
133. Upon conviction of the offence under clause 17(1) (prohibition of retail sales of tobacco products etc in England without a licence as set out in clause 16(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.
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Source Bill 121 EN 2024-25
134. Clause 18 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in England, provided the breach is not a criminal offence under clause 17 (Offences in connection with licences: England). These financial penalties are civil penalties and can be issued by a local weights and measures authority.
135. This clause sets the maximum amount of the financial penalty at £2,500 and provides the Secretary of State with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 18 are subject to the negative resolution procedure as the scope of the power is narrow.
136. Further details on financial penalties for breach of licence conditions are set out in Schedule 2.
Retail licensing: Wales
Source Bill 121 EN 2024-25
143. Clause 19 provides Welsh Ministers with the power to make regulations regarding the granting of personal and premises licences.
144. This clause prohibits the sale, exposure for sale, or possession for the purpose of sale (by the individual or another person) of tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products by an individual in Wales, except under the authority of and in accordance with a personal licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
145. This clause also prohibits a person from using or permitting the use of premises in Wales, to store for the purpose of their sale (by the person or another person), expose for sale, or supply tobacco products, herbal smoking products, cigarette papers, vaping or nicotine products to retail customers except under the authority of and in accordance with a premises licence. Welsh Ministers may, by regulations, create exceptions to this prohibition. This provision will come into force when regulations for the licensing scheme are laid.
146. The licensing authority responsible for granting of personal and premises licences in Wales will be the relevant county or county borough council.
147. Before exercising the power to make regulations under this clause, Welsh Ministers must consult. Further detail on what the licensing scheme regulations in Wales may include are set out in Schedule 3. Any regulations made under clause 19 are subject to the affirmative resolution procedure.
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Source Bill 121 EN 2024-25
156. Clause 20 sets out that anyone who breaches the prohibitions set out in clause 19(1) and 19(2) commits and offence.
157. This clause also makes it an offence if a person provides false or misleading information to a licensing authority in, or in connection with, an application for the grant of a personal or premises licence; or in carrying out of any other obligation imposed by or under licensing regulations. It is only an offence if the information is false or misleading in a material respect, and the person knows, or ought to reasonably know this about the information.
158. A person convicted of an offence under clause 20(1) or 20(2) may receive a fine where there is no maximum amount. As an alternative to a criminal prosecution, Local Authority Trading Standards in Wales may issue a fixed penalty notice for these offences under the provisions in clause 37 (Fixed penalty notices).
159. Upon conviction of the offence under clause 20(1) (prohibition of retail sales of tobacco products etc in Wales without a licence as set out in clause 19(1) and (2)) a court may make an order as to what happens to the relevant products to which the offence(s) relate. This may include forfeiture and destruction of the relevant products.
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Source Bill 121 EN 2024-25
160. Clause 21 introduces financial penalties which may be imposed for the breach of conditions attached to a personal or premises licence in Wales, provided the breach is not a criminal offence under clause 19 (Offences in connection with licences: Wales). These financial penalties are civil penalties and can be issued by a local weights and measures authority.
161. This clause sets the maximum amount of the financial penalty at £2,500 and provides Welsh Ministers with the power to change this maximum amount to account for inflation and so that the financial penalty amount remains proportionate. Any regulations made under clause 21 are subject to the negative resolution procedure as the scope of the power is narrow.
162. Further details on financial penalties for breach of licence conditions in Wales are set out in Schedule 4.
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Source Bill 121 EN 2024-25
169. Clause 22 amends the Public Health (Wales) Act 2017 and is self-explanatory. The effect is to repeal existing provisions for a retailer register in Wales once licensing scheme provisions in this Bill come into force by order of the Welsh Ministers.
Restricted premises orders
Source Bill 121 EN 2024-25
170. Clause 23 provides that a ". persistent offender" who commits a relevant offence in relation to the premises on at least two other occasions within a two-year period can be punished by being prevented from selling one or more of the products altogether.
171. Relevant offences include those under clauses 1 (Sale of tobacco etc), 3 (Tobacco vending machines), 10 (Sale of vaping or nicotine products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 8(b) of this clause up until the point they are repealed. This clause replaces, and is based on, section 12A of the Children and Young Persons Act 1933 where restricted premises orders were introduced for persistent breaches of the age of sale restrictions for tobacco and nicotine products.
172. A restricted premises order means that the retail business at the location where the offences took place is prohibited from selling one or more of the relevant products (tobacco products, herbal smoking products, cigarette papers, vaping products and nicotine products). The length of the order is determined by the court and may last up to a period of 12 months. This means that no sales of any of these products may take place from that business premises, but it does not affect other businesses within the same group or chain.
173. A restricted premises order is a local land charge, which means it would bind a buyer of the premises.
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Source Bill 121 EN 2024-25
174. Clause 24 sets out the criteria for which individuals ('interested persons' who occupy or have an interest in the premises, for instance the manager or owner) may make representations to the court to try to prevent a restricted premises order being issued against a retailer.
175. This clause is based on the approach outlined in section 12A of the Children and Young Persons Act 1933 for restricted premises orders for breaches of the tobacco legislation.
176. This clause provides when an enforcement authority has applied for a restricted premises order, they must make reasonable enquires and give notice to anyone appearing to them to be an interested person.
177. An interested person can make their case as to why they should not be issued with a restricted premises order, and they may apply to the court to alter or discharge the order.
Source Bill 121 EN 2024-25
178. Clause 25 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clauses 23 (Restricted premises order) or 24 (Restricted premises orders: interested persons).
Source Bill 121 EN 2024-25
179. Clause 26 makes it an offence to breach a restricted premises order as defined in clause 23 (Restricted premises order). This clause is based on section 12C of the Children and Young Persons Act 1933 which introduced fines for a breach of a restricted premises order. A breach of a restricted premises order includes the sale of any product that is prohibited, and applies if someone knowingly, or should reasonably know, that the sale is prohibited. Someone who is charged with the offence may have a defence if they can prove they took all reasonable steps to avoid committing the offence. Anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.
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Source Bill 121 EN 2024-25
180. Clause 27 provides the Welsh Ministers with the power to add to the list of ". relevant offences" (relating to the restrictions around relevant products) for which a restricted premises order can be issued, replacing an existing power for the Welsh Ministers power in section 51 of the Public Health (Wales) Act 2017 to specify a ". tobacco or nicotine offence".
181. Before making regulations under this clause the Welsh Ministers must consider who is likely to have an interest in the regulations and Ministers should consult those who they deem are necessary.
Restricted sale orders
Source Bill 121 EN 2024-25
182. Clause 28 provides that a persistent offender (who has committed a relevant offence on at least two other occasions within two years) can be prohibited from selling certain products (e.g. tobacco, herbal smoking, vaping or nicotine products as well as cigarette papers). Restricted sales orders can be imposed for persistent breaches of clauses 1 (Sale of tobacco), 3 (Tobacco vending machines), 10 (Sale of vaping products to under 18s) and 12 (Vaping and nicotine product vending machines) of this Bill, as well as the existing offences shown at subsection 5(b) of this clause up until the point they are repealed. This clause replaces and is based on section 12B of the Children and Young Persons Act 1933 where restricted sale orders were introduced for repeated breaches of the age of sale legislation for tobacco and nicotine products.
183. If a person convicted with a relevant offence is a persistent offender, the person who brought the proceedings for the offence can apply to the magistrates' court for a restricted sale order.
184. A restricted sale order prohibits a named person within a business from selling any tobacco products, herbal smoking products, cigarette papers, vaping products, or any relevant nicotine product or from having any management role in a premises relating to sales of those products including the keeping of any machine for relevant products. The order will apply to the named individual regardless of where they are employed. The length of the order is determined by the court and may last for a period of up to 12 months.
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Source Bill 121 EN 2024-25
185. Clause 29 provides the right to appeal to the Crown Court against an order made by a magistrates' court under clause 28 (Restricted sale orders).
Source Bill 121 EN 2024-25
186. Clause 30 makes it an offence to fail to comply with a restricted sale order. It is a defence for someone who is charged with the offence to prove they took all reasonable steps to avoid committing the offence and anyone convicted of an offence under this provision may receive a fine where there is no maximum amount.
Offences by bodies
Source Bill 121 EN 2024-25
187. Clause 31 makes a ". relevant person" (a director or manager of a company or someone with partner status in a partnership or a person exercising function of management in an unincorporated association) liable for an offence committed by a body where the offence has been committed with their consent, connivance, or neglect. In such cases the relevant person would be liable in addition to the body (such as the company or partnership) they are working for to have proceedings brough against them. This applies to offences under clause 26 (Breach of restricted premises order) or any other offence under Part 1 of the Bill or any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales).
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Enforcement functions
Source Bill 121 EN 2024-25
188. Clause 32 places a duty on local authorities to enforce the provisions in Part 1 of the Bill and any regulations made under clauses 13 (Displays of products or prices in England) and 14 (Displays of products of prices in Wales). It provides that the investigatory powers available to an enforcement authority are those in Schedule 5 (Investigatory powers) of the Consumer Rights Act 2015 (the 2015 Act). Investigatory powers provided by Schedule 5 of the 2015 Act include the powers to purchase products, observe the activities of a business, enter premises with or without warrant, inspect products, test any weighing or measuring equipment, require the production of documents, seize and detain goods, seize documents required as evidence, break open a container and to require assistance from persons on the premises.
Source Bill 121 EN 2024-25
189. Clause 33 sets out a requirement for enforcement authorities in England to consider a so-called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that a local authority in England considers whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.
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Source Bill 121 EN 2024-25
190. Clause 34 sets out a requirement for enforcement authorities in Wales to consider a so--called 'programme of enforcement' and the potential design of the programme on a yearly basis. This is a means of ensuring that local authorities in Wales consider whether they are enforcing offences effectively. The programme of enforcement itself is as described in the clause and is self-explanatory.
Powers of ministers to take over enforcement
Source Bill 121 EN 2024-25
191. Clause 35 provides a power for the Secretary of State or the Welsh Ministers to carry out the enforcement as prescribed in clause 32 (Enforcement by local weights and measures authorities) instead of the local enforcement authority. The effect of this is that a national enforcement authority will undertake the investigation and enforcement, rather than the local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake enforcement of a certain case.
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Source Bill 121 EN 2024-25
192. Clause 36 provides a power for the Secretary of State to take over the legal proceedings relating to offences committed under Part 1 of the Bill or regulations made under clause 13 (Displays of products or prices in England). It also provides a power for the Welsh Ministers to take over the legal proceedings relating to any offence that has been committed under Part 1 of the Bill or regulations made under clause 14 (Displays of products or prices in Wales). This will allow a national authority to undertake the legal proceedings in court instead of a local enforcement authority. This could arise if a local enforcement authority is unable or unwilling to undertake the legal proceedings of a certain case.
Fixed penalties
Source Bill 121 EN 2024-25
193. Clause 37 introduces fixed penalty notices (FPNs) for the enforcement of the age of sale restrictions for tobacco products, herbal smoking products and cigarette papers (clause 1) and vaping and nicotine products (clause 10), proxy purchasing of tobacco etc. (clause 2) and vaping or nicotine products (clause 11), tobacco age of sale notice at point of sale regulations in England (clause 5) and Wales (clause 6), regulations relating to the display of products or prices in England (clause 13) and Wales (clause 14), the free distribution and discount of tobacco, vaping and nicotine products (clause 15), and any offences in connection with licensing in England (clause 17) and Wales (clause 20). Section 91 of the Children and Families Act 2014 introduced FPNs for the proxy purchasing of tobacco and vaping products; and this will be replaced by the FPN regime in the Bill.
194. An FPN offers the person the opportunity to avoid prosecution for the offence if they make a payment of the fine within a specified period. The amount of the fine will be level 4 on the standard scale (currently set at £2,500) for offences in connection with licensing in England (clause 17) and Wales (clause 20). For all other offences the fine will be £200. The amount specified is that if paid within 28 days and will be reduced by 50% if paid within 14 days.
195. No legal proceedings can be initiated before the end of the 2
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Handing over tobacco etc to underage people in Wales
Consequential, transitional and transitory provision
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Powers to adjust scope
Crown application
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Interpretation etc
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Part 2
Sale and distribution: Scotland
Sale of tobacco etc
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Snus etc
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Vaping and nicotine products
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Displays of products or prices
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Free distribution and discounts
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Alignment of definitions
Extension of retailer register etc
Miscellaneous
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Part 3
Sale and distribution: Northern Ireland
Sale of tobacco etc
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Snus etc
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Vaping and nicotine products
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Displays of products or prices
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Free distribution and discounts
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Enforcement
Power to amend lists of identity documents
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Interpretation of 1978 Order
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Retailer register and licensing
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No amendments available.