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Vape and Tobacco Licensing Is Changing
Stay ahead of the curve with The Licensing Guys
The latest Tobacco & Vapes Bill 2025 is currently in the House of Lords Committee Stage. It undoubtedly means that it will become law, in one form or another, in either 2026 or 2027.
GET UP TO DATE WITH THE LATEST NEWS
Tobacco and Vape Bill
Situation Report
As you’re all aware, the Smoking Ban came in in 2007.
Various other pieces of legislation have regulated advertising and display, and have put up the legal age to purchase from 16 to 18.
Then in June 2025, then came the ban of Single Use Vapes.
The latest Tobacco & Vapes Bill 2025 is currently in the House of Lords Committee Stage. It undoubtedly means that it will become law, in one form or another, in either 2026 or 2027.
It has two objectives:
1. Create a smoke free generation, meaning that anyone born after 1st January 2009 can never lawfully buy tobacco, smoking herbal products and cigarette papers in a shop, and
2. Bring in a Licensing Regime for the sale of Tobacco, Vapes and Nicotine Products, and strengthen the enforcement mechanisms around all of that.
As Wes STREETING said, “This will be the biggest public health intervention in a generation.”
So, if you sell tobacco or vapes – are you getting ready?
Where are things right now?
See our scrolling information line below
Here’s a retrospect of the passage of the new legislation to date
From Trading Standards stats for 2023-24, their test purchases around tobacco showed a 19% failure rate. However, for vape related test purchases, this failure rate rose to 26%.
Once a timeline of when the new legislation comes into play is announced, we will add a countdown to this website so you know exactly when your new licensing arrangements need to be in place.
The Vape Market in the UK is thought to be worth £1.23 Bn per year – and the rest…
Apparently there are over 40,000 Convenience Stores that sell them, more than 8,000 Forecourt Shops, over 4,000 large grocery stores and literally thousands more specialist Vape Shops. What with the Vape Pop Up Shops as well – it’s mind boggling. Just think how many there are in your community alone.
1. A Personal Licence for the person making those sales or authorizing the sale of these items by other staff, and
2. A Premises Licence for the shop or store that these items are sold from.
Selling without these in place will probably be subject of an unlimited fine. The fixed penalty notices for breach of the regulations are anticipated to be set at £2,500. That’s one heck of a speeding ticket.
• Personal Licence - to sell, expose for sale or possess for the purpose of sale “relevant products”
• Premises Licence – to use or permit the use of premises for the storage of relevant products for the purpose of sale, expose for sale, or supply (inc. despatch) to retail customers.
“Relevant products” for licensing regime:
a) Tobacco products
b) Herbal smoking products
c) Cigarette papers
d) Vaping products
e) Nicotine products
2024 Vape Market - Places
Non-specialist – tracked by Nielsen
• Convenience stores – 40k +
• Forecourt traders – 8k +
• Grocery multiple stores – 4k +
Specialist - untracked
• Vape multiple stores - ~500
• Dedicated independent vape stores & chains - ~3500
• Online retailers – 50+
• “Opportunist” vape stores (+ American candy, phone covers) – 2000+?
Convenience and grocers have long experience of licensing, and therefore understand the ethos and mechanisms behind Licensing. These business have enjoyed substantial revenues and margins from disposable vapes, which has now diminished following the Single Use Vape Ban.
Dedicated vape stores largely have no experience of licensing. They have in almost exclusively shunned tobacco sales, selling only “95% safer” product. (Typically ~1% of toxicity.) This is therefore going to be quite a culture shock. Their livelihoods entirely dependent on ability to sell vapes.
WHAT ARE THE SPECIFICS OF
The Tobacco and
Vapes Bill 2025
The Tobacco and Vapes Bill 2025 aims to prohibit the sale of tobacco products to anyone born on or after January 1, 2009, and introduces stricter regulations on nicotine products to protect public health.
Key Provisions of the Bill:
1. Generational Ban on Tobacco Sales: The bill proposes to end the legal sale of tobacco products to individuals born after January 1, 2009. This measure is intended to create a “smokefree generation” and significantly reduce smoking rates in the UK.
2. Regulation of Nicotine Products: The bill includes provisions to regulate nicotine pouches, banning their sale to minors and restricting their flavors and nicotine content. This aims to prevent young people from becoming addicted to nicotine through these products.
3. Advertising and Promotion Restrictions: The legislation seeks to impose stricter controls on the advertising and promotion of tobacco and vaping products, particularly targeting youth to reduce their exposure to these products.
4. Smoke-Free and Vape-Free Areas: The bill also aims to establish smoke-free and vape-free zones in public places, further promoting public health and reducing exposure to secondhand smoke.
Current Status and Debate: The Tobacco and Vapes Bill is currently being debated in the House of Lords, where various amendments and concerns have been raised. Some lawmakers argue that the generational ban could lead to an increase in illegal tobacco sales, while others emphasize the need for strong measures to protect public health.
Health organizations have largely supported the bill, viewing it as a significant step towards reducing smoking rates and protecting young people from nicotine addiction. Recent statistics indicate that vaping is becoming more prevalent than smoking among adults, highlighting the need for effective regulation to ensure that vaping remains a safer alternative for those looking to quit smoking.
In summary, the Tobacco and Vapes Bill 2025 represents a comprehensive approach to tobacco control in the UK, aiming to reduce smoking rates and protect future generations from nicotine addiction through a combination of bans, regulations, and public health initiatives.
Each of these locations is going to need a Premises Licence, like a Licence to sell alcohol, and each must have a Designated Premises Holder who must hold a Personal Licence.
We anticipate at least one person will need to be trained in Age Verification, Responsible Sales etc. (RAR / Challenge Course).
That’s a massive amount of training courses that must be undertaken and passed, just for the qualification just to apply for a Personal Licence, and then those Personal Licences must be applied for and granted by your local council.
Nobody knows exactly what it will look like, as we are awaiting the legislation and regulations which will shortly be announced to bring in this new Licensing Regime. But it’s surely coming, and coming soon.
So why not subscribe to our fortnightly updater which will be emailed to you if you subscribe to our mailing list? We’ll keep you abreast of developments, to make sure you are sighted on all the requirements and when they come into force, and tell you how and when to prepare for them.
It’s free, so why not click the link: www.thelicensingguys.com/vapes/
Proposed Offences & Penalties
• Summary-only offence for conducting unlicensed activity – unlimited fine.
• Offence to provide false or misleading information to the Licensing Authority during application process – unlimited fine.
NB: The Convicting court may order relevant products to be forfeited.
• Fixed penalty notices as discretionary alternative to prosecution.
• £2,500 for an offence contrary to the retail licensing provisions.
• £200 for other, lesser offences.
The money from the Fixed Penaltiy Notices – will go to a Consolidated Fund less costs of investigating offences and issuing notices. That money to be used in connection with tobacco enforcement.
• Civil Financial penalties for breach of retail licence conditions (if not a criminal offence) – up to £2,500 (see Clause 18 & Sch 2 (England))
Local Weights & Measures Authority (aka Trading Standards) will be the enforcing body.
This will probably follow this format:
• Written Notice of Intent to person of proposed financial penalty.
• Opportunity for that person to make representations about notice in response.
• Final Notice to be issued after representations considered.
• Right of Appeal against civil penalty to Magistrates’ Court against decision to impose penalty OR the amount of penalty.
• Unpaid penalties may be recovered as civil debt.
• Financial penalties received must be paid into Consolidated Fund (i.e. Central Government) less deductions by Weights & Measures authority for costs of investigation and costs of issuing the notices.
THERE WILL ALSO LIKELY BE A SCHEDULE OF ORDERS e.g.
Restricted Premises Orders:
• Magistrates’ Court power on conviction for relevant offence
• Persistent offenders – relevant offence on 2 other occasions within 2 years
• Prohibits sale of relevant tobacco/vape products for up to 1 year from retail business
• Restricted Sale Orders: as above but prohibits named person from making sales (from anywhere).
Why Subscribe to Our Bi-Monthly Tobacco & Vape Licensing Bulletin?
Updates
Fortnightly progress reports on the latest developments
Alerts
Early alerts on the go-live date and licensing requirements
Intelligence
Guidance on how to apply for your vape sales licence
Support
Access to our professional support services for compliance and applications
Don’t Get Left Behind
The licensing landscape is changing fast.
Subscribe now to ensure your business is ready to comply, thrive, and grow under the new regime
Meet Nick Semper from
The Licensing Guys
Vape Licensing Expert comes to you from The Licensing Guys, a leading organization in assisting businesses nationwide secure their desired licensing arrangements.
Nick has a vast history in working in policing and legal matters, so you can trust that your licensing concern will being handled with expertise, clarity, and care. You’re in safe hands.
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