Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, if he will extend powers from HMRC to Trading Standards to provide on-the-spot fines for retailers selling illegal (a) tobacco and (b) vape products.

HM Revenue and Customs does not have the power to issue on-the-spot fines for retailers selling illegal tobacco or vaping products. Those convicted of selling illegal products could face penalties, including imprisonment or an unlimited fine.

However, the Tobacco and Vapes Bill, which will be introduced to Parliament in the coming weeks, will strengthen enforcement at the local level, to support implementation of the measures in the bill and support our ambition to create a smoke-free United Kingdom. The bill will provide Trading Standards with the option to issue fixed penalty notices, which are on-the-spot fines, for certain offences. The new fixed penalty notices will be in addition to existing sanctions, including the existing fine of £2,500 for underage sales, allowing Trading Standards to take quicker action instead of escalating to a court process.

A strong and proportionate approach to enforcement is essential to prevent illicit trade and underage sales undermining our efforts to create a smoke-free country. HM Revenue and Customs and Border Force’s new joint illicit tobacco strategy sets out their continued commitment to reduce the trade in, and demand for, illicit tobacco, and to tackle and disrupt the organised crime groups behind the illicit tobacco trade. Work to enhance illicit vapes enforcement, led by National Trading Standards and funded by a £3 million grant over two years, 2023/24 and 2024/25, from the Department of Health and Social Care, will build on existing work to tackle illicit vapes by Trading Standards across the country.