Question to the Home Office:

To ask Her Majesty’s Government what assessment they have made of the operation of the current law on the sale of (1) powdered alcohol, and (2) vaporised alcohol, in the UK.

Alcohol is defined in the Licensing Act 2003 as “spirits, wine, beer, cider or any other fermented, distilled or spiritous liquor”. A provision in the Policing and Crime Bill will amend the definition of alcohol in the 2003 Act to include alcohol “in any state”. This will provide legal clarity that the sale of powdered and vaporised alcohol must be regulated under the 2003 Act in the same way as other forms of alcohol.

An impact assessment entitled powdered and vaporised alcohol has been published on gov.uk under the provisions in the Policing and Crime Bill: firearms and alcohol licensing.

As far as the Government is aware, powdered alcohol is not yet on sale in the UK or elsewhere, including online, or that there are any plans to sell it in the UK. Vaporised alcohol is sold in a few licensed premises as a novelty product, but the Government is not aware of it being sold without a licence.

Members of the public are protected from the effects of irresponsible alcohol sales through regulation under the 2003 Act. Regulation focuses on the prevention of harmful sales while retaining the benefits of responsible sales. The Act contains a number of criminal offences relating to the sale and supply of alcohol, including the offence of selling alcohol to a child under the age of 18. Licence holders must comply with the age verification requirements under the 2003 Act, including when alcohol is sold online.

Consultation on bringing powdered and vaporised alcohol into the definition of alcohol was undertaken via workshops in summer 2015, which were attended by industry partners such as the British Beer and Pub Association, Association of Convenience Stores, Wine and Spirits Trade Association, and Association of Licensed Multiple Retailers. These partners were in agreement that the legal position should be put beyond doubt.

The Sporting Events (Control of Alcohol etc) Act 1985 prohibits the possession of alcohol when entering designated sports grounds and from areas where the event may be directly viewed. This includes, for example, entry into football stadia and within sight of the football pitch. The amendment to the definition of alcohol in the 2003 Act will carry over into this Act, so the possession of powdered alcohol will become an offence in these circumstances. Preventing people from taking alcohol, in any form, into football matches or similar places where alcohol is prohibited is a safety and security matter for the venues themselves.