IoL warns Welsh enforcement gap in Tobacco and Vapes Act could weaken licensing oversight

The Institute of Licensing (IoL) has raised concerns that section 32 of the Tobacco and Vapes Act 2026 risks sidelining Licensing Authorities in Wales, potentially weakening the regulatory oversight of tobacco and vape retailers.

In a formal letter to the Department of Health and Social Care, the IoL said the Act’s current drafting creates a disconnect between licensing and compliance. While section 19 establishes a retail licensing regime in Wales and recognises local authorities as Licensing Authorities, section 32 assigns enforcement responsibilities solely to Local Weights and Measures Authorities (Trading Standards). The equivalent provisions for England explicitly recognise both bodies.

The IoL argues that this omission could lead to a misunderstanding of the role Licensing Authorities play in regulating licensed businesses. The document notes that Licensing Authorities “are not merely processors of applications” but professional regulators responsible for inspections, compliance monitoring, investigations, reviews, suspensions and revocations.

The Institute warns that separating licensing from enforcement risks reducing the Welsh system to an administrative process rather than a model of ongoing regulatory oversight. It also rejects the idea that Wales’ unitary local government structure justifies the distinction, stressing that councils routinely act in multiple statutory capacities and that these functions remain legally distinct.

The IoL is calling for a clear mechanism—via secondary legislation and statutory guidance—to formally recognise Licensing Authorities within the enforcement framework. It proposes a complementary model in which Trading Standards leads on statutory offences, age‑restricted sales enforcement and criminal investigations, while Licensing Authorities oversee licence administration, compliance monitoring, inspections, enforcement of licence conditions, reviews, suspensions and revocations.

The Institute also cautions against an operational workaround that would see Licensing Authority officers authorised under the Consumer Rights Act 2015 via Trading Standards. The letter states that while legally possible, this would create “an unnecessarily convoluted governance arrangement” and fail to address the underlying legislative gap.

IoL National Chair, Kate Nicholls OBE,
said:

“If licensing is separated from compliance and enforcement, there is a real risk that a licensing regime becomes an administrative exercise rather than an effective system of regulation. The Institute of Licensing is urging Government to ensure that the valuable and well-established role of Licensing Authorities in Wales is properly recognised alongside that of Trading Standards. Clear statutory recognition will support better regulation, stronger compliance and ultimately better public protection.”

The IoL has invited further discussion with DHSC and stakeholders, emphasising its support for the Act’s wider public health objectives while seeking clarity to ensure the Welsh licensing system remains robust and effective.