Tobacco and vapes: evidence to support legislation – Institute of Licensing submission

The Institute of Licensing (IoL) has published its formal response to the government’s Tobacco and Vapes: Evidence to Support Legislation consultation, urging ministers to adopt a clear, consistent, and nationally coordinated licensing framework that builds on lessons learned from alcohol regulation under the Licensing Act 2003.

Representing regulators, local authorities, and industry specialists, the IoL submission highlights the importance of proportionality, statutory guidance, and alignment with existing licensing regimes to ensure effective oversight without imposing unnecessary burdens on responsible retailers.

The IoL recommends that licensing objectives for tobacco and vapes should align closely with those under the Licensing Act 2003, including prevention of crime and disorder, public safety, prevention of public nuisance, and protection of children from harm. It argues strongly for a standalone objective focused on protecting children, rather than subsuming this under public health. The submission warns that a broadly defined public health objective risks becoming a catch‑all reason to reject applications, citing lessons from Scotland’s alcohol licensing framework.

On premises licensing, the IoL advocates mirroring the Licensing Act 2003 process, with operating schedules, hearings where objections are raised, and proportionate conditions. It opposes restrictions based on location near schools or outlet density, arguing these are difficult to apply fairly and risk unintended consequences. A fast‑track transition is recommended for premises already licensed to sell alcohol or with a proven history of responsible tobacco retailing.

For personal licences, the IoL calls for clear criteria including age, right‑to‑work, and criminality checks, alongside mandatory training. It suggests exploring dual personal licences covering both alcohol and tobacco/vapes to reduce duplication and costs, and strongly recommends a national database of licence holders to prevent individuals with revoked licences reapplying elsewhere. Personal licences should be time‑limited, with renewal processes to keep records updated.

The submission expresses a strong preference for nationally set criteria and fees to ensure consistency, with local authorities empowered to apply proportionate conditions where necessary. Fees should be reviewed annually in line with inflation, avoiding the inconsistencies of locally set fees. Premises licences should be granted in perpetuity, subject to review and annual fees, while personal licences should be granted for three to five years.

Administration and enforcement should follow existing Licensing Act 2003 procedures, including hearings regulations and designated premises supervisors. Mandatory conditions should cover staff training, age verification, refusal logs, and stock traceability, while local conditions could include CCTV requirements or restrictions on trading hours. Rights of entry and inspection for licensing officers, alongside trading standards, are considered essential, and a national register of premises and personal licence holders should be established from the outset.

The IoL stresses that online retailers should face the same licensing obligations as physical premises, with additional emphasis on robust age verification and delivery accountability. It suggests creating offences for underage delivery, mirroring alcohol licensing provisions, and requiring online retailers to provide a physical address for regulatory oversight.

On implementation, the IoL recommends a minimum two‑year transition period, backed by government funding for local authorities. National guidance, training for officers and councillors, and digital infrastructure updates will be essential. Public awareness campaigns, grace periods for existing retailers, and combined licensing processes for alcohol and tobacco are also proposed to reduce duplication and support compliance.

The IoL acknowledges that licensing will have operational and financial impacts on retailers but stresses that a proportionate framework can protect legitimate businesses from unfair competition and illicit trade. Evidence from alcohol licensing shows that clear and consistent regulation can support compliance while driving out irresponsible operators. Polling by the Association of Convenience Stores indicates that 58% of retailers believe a tobacco and vapes licensing scheme could be effective if implemented fairly and resourced adequately.