In January of this year, the Labour Government announced a ban on disposable vapes, which councils have been seeking for several years. This came into place on Sunday 1st June, meaning it is now illegal for businesses to sell or supply single-use vapes.
Matt Foster, licensing and gaming partner at Mincoffs Solicitors, addresses the key points businesses selling vapes now need to be aware of.
Why are disposable vapes being banned?
Disposable vapes are being banned for a number of reasons, including the amount of waste they produce and the impact upon the environment as a result of their enormous popularity. Millions of single-use vapes are thrown away every week, which has caused hazards for waste and litter collection and fires in council bin lorries. A further concern has been their appeal to children.
What does this mean for shops?
As of Sunday 1st June, shops are no longer permitted to sell disposable vapes. If retailers have any single-use vapes left over, these cannot be sold and they must store and arrange to dispose of them.
What are the penalties for premises caught selling disposable vapes?
In England, any businesses which fail to comply with the ban could face a stop notice or a fine of £200 in the first instance, with all products seized by Trading Standards. If any further infractions occur, they could be hit with an unlimited fine or be prosecuted. It could also result in the review of a premises licence held by the shop operator on the basis of the prevention of crime and disorder.
It’s important to point out that having a disposable vape in your possession is not an offence, but there is concern around users stockpiling disposable vapes, which can cause a fire hazard.
How to tell the difference between a disposable and reusable vape?
A reusable vape must be refillable and rechargeable. It has to have a battery, and needs to have either a removable and replaceable coil or a chamber, pod or tank that can be refilled with e-liquid.
A reusable vape must have replacement components, which might include pre-filled pods, e-liquid refill bottles and coils must be separately available to buy either in-store or online.
The Medicines and Healthcare Products Regulatory Agency has produced a notified products list where you have check whether specific products are reusable.
All legal nicotine-containing vapes are listed, and any products that don’t appear are not legal to sell or supply.
For expert legal advice on this topic or any other licensing matter, contact head of licensing and gaming, Matt Foster, on mfoster@mincoffs.co.uk or call the office on 0191 281 6151.
