Tobacco and Vapes Bill

Baroness Walmsley Excerpts

Committee stage
Monday 3rd November 2025 Grand Committee

[Lord Bourne of Aberystwyth (Con)]

I support this group of amendments. It is absolutely right that we have a thoroughgoing licensing scheme. Many people would be very surprised to find that we do not have a licensing scheme for tobacco, as we do for alcohol. It is unregulated, so I welcome the proposals to have a thoroughgoing licensing scheme. It should be streamlined; we need to recognise that the vast majority, as has been said by my noble friend, comply with the law and are fully responsible.

In developing a licensing scheme, we need to look at the experience of other, diverse countries that have a licensing scheme—Finland, Hungary, France, Italy, Spain, Australia, Canada and Singapore, to name some—because there is a lot to be learned from them. I urge the Minister to have a good look at what is happening elsewhere.

A vaping licensing scheme is particularly welcome. Currently, vapes are prolific on our high streets, in markets and at counters in nail salons, and so on. They are unregulated, and that must change to protect people and hold those that are responsible to account. I very much welcome the move to have a licensing scheme here, and I associate myself with what my noble friend Lady McIntosh of Pickering has just said.

[Baroness Walmsley (LD)]

My Lords, these amendments in the name of the noble Baroness, Lady McIntosh of Pickering, the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, from whom we will hear later, address the details of a licensing scheme, which could, I believe, be better worked out during consultation and are better put in regulations than on the face of the Bill.

I think there are problems with the suggestion that there should be a joint alcohol and tobacco products licence—as superficially attractive as that may sound. This is for two reasons. The first is practical; there are plenty of retailers who sell both ranges of products, but there are plenty who do not, including some small shops and specialist vaping retailers. Let us not overcomplicate this by having several kinds of licence: joint and single.

The second reason is even more serious, because the objectives of the two schemes are not the same. The objective of the tobacco and vapes licencing scheme should be public health. Indeed, that is the main justification for the generational ban and other restrictive aspects of this Bill. On the other hand, public health was not the objective of the design of the original alcohol licence, and things are set to get worse—which I will come to. Therefore, there are issues about putting the two together.

On Amendment 35, there is a case for restricting the density of tobacco and vapes licensed premises in a local area on public health grounds. Local authorities already have the powers to limit the density of fast-food outlets in certain areas, such as near schools, on the basis that the food they sell is often high in fat, salt and sugars, and is energy dense. Why should local authorities not have the same powers for the density of shops selling tobacco and its various products? Therefore, I oppose Amendment 35. Density is better decided by the local licensing authority, which knows and understands its own area. It is not something that should be on the face of the Bill but something that should be considered in consultation.

I turn now to Amendments 30 and 42. The Government have recently launched a rapid consultation on alcohol licensing, led by an industry task force that would see “growth” incorporated as an objective of the revised scheme, rather than public health. Its recommendations have been warmly welcomed by the Government, but I would advise caution, especially in the light of calls for joint tobacco and alcohol licences today. It is true that hospitality outlets can be important for people’s well-being and community cohesion and often provide economic benefits to local communities. However, many of them rely nowadays more on the sale of meals than on just alcohol and provide an opportunity for family outings. The implication by the industry in the recommendations of the task force is that people cannot enjoy themselves unless they are consuming alcohol. That is, of course, a nonsense suggestion. By the way, each of the three working groups was led by a senior member of the industry and there was no representation on the task force from the Department of Health and Social Care or public health bodies, despite public health acting as the responsible authority for local licensing committees.

The task force report defines the core purpose of licensing as economic enablement and sets out a series of mechanisms to promote that approach. The foreword in the Government’s response, written by the Minister for Services, Small Business and Exports, not only describes licensed hospitality as “foundational” to the UK economy but as selling “happiness, creating lasting memories”, and providing

“the glue that binds us together as a society”.

This is language that, if used in alcohol marketing, would probably breach the industry’s own code of conduct.

The task force’s recommendations would undermine the powers of elected local authorities in several ways: first, by the creation of a quasi-statutory national licensing policy framework to direct local decision-making; secondly, by the automatic addition of off-sales permissions to all on-sales licences; thirdly, by the enhanced powers for unelected licensing officers to override decisions of elected officers on licensing committees; fourthly, through the

“Requirement to link licensing to economic development and culture policies”;


fifthly, by a blanket “amnesty” on licensing conditions deemed to be

“outdated in the modern world”—

deemed by whom, I ask—and, finally, by the imposition of a higher evidential bar for objections to licence applications, with adherence determined solely by licensing officers.

That is why there should be no attempt to link alcohol licences under such a regime with tobacco retail licences. There are other ways of helping the hospitality industry rather than undermining the very foundation of the alcohol sales licensing regime by attacking local democracy in this way.

[Earl Howe (Con)]

My Lords, in speaking to Amendments 35 and 42 in my name and that of my noble friend Lord Kamall, I will also express my strong support for Amendment 30, moved by my noble friend Lady McIntosh of Pickering. All the amendments in this group are guided by an important principle. The success of a new licensing regime will depend not only on the strength of the associated enforcement powers but on the fairness, proportionality and practicality with which those powers are exercised.

Amendment 30 is a sensible and fair proposal. It acknowledges that the vast majority of retailers selling tobacco and vape products do so responsibly and already operate under stringent regulatory regimes. Many of those businesses hold alcohol premises licences and are personal licence holders, and as such as are meticulous in complying with the rules and standards legally in force to prevent under-age sales and the supply of illicit goods.

Clause 16 will impose new licensing obligations, checks and costs. Taken together, for many small independent businesses they will represent a significant administrative and financial burden. My noble friend’s amendment simply asks that the Government recognise the existing history of compliance by allowing a streamlined process for those that have already demonstrated that they meet high licensing standards elsewhere. This would embed efficiency and fairness into the enforcement system and reward good practice. It would save time and cost for retailers and allow enforcement resources to be focused where they are most needed, on those who persistently flout the rules.

Amendment 35 turns to another crucial point of principle: fairness and proportionality in how licensing powers are applied. As drafted, Schedule 1 would allow licensing authorities to impose proximity or density restrictions, in effect preventing a licence being granted simply because a premises happens to fall within a designated zone or is near other retailers that sell similar products. That is an extremely broad and, frankly, concerning power. It risks punishing businesses not because they are non-compliant through choice or negligence but simply because of where they are located.

--- Later in debate ---

We appreciate that the Minister is likely to say that many of these conditions are liable to change and therefore setting them out in regulations is easier. We understand that. However, with these probing amendments, we are simply asking for an idea of the timescale and for information on the timetable and on when and how the Government will communicate the new regulations to all retailers, not just to large retailers or the trade associations that do not always necessarily represent all retailers, as we alluded to in debates on earlier groups. For small retailers, certainty is essential. For them, every week of additional notice, every small margin in their budgets, every additional cost can make the difference between profit and loss—the difference between running a viable business and going bust. I hope that the Government will recognise the pressures facing small retailers, in particular, lay out a clear timetable to reduce uncertainty for them and devise a licensing system in partnership with them. I beg to move.

[Baroness Walmsley (LD)]

My Lords, just to clarify on the previous group and to quote myself, I advised caution about the idea of combining the two kinds of licences, specifically because of the strong possibility of fundamental change to the remit of the alcohol licences.

On this group of amendments beginning with Amendment 32 in the names the noble Lord, Lord Kamal and the noble Earl, Lord Howe, it is important that the Government do not delay unduly in laying out the details of the new licensing scheme. That is only fair to retailers who need to respond to it. However, it is also important to get it right, and it is a highly technical issue. There will be a lot of noise about the workability of elements of this Bill without adding to that by getting the licensing scheme wrong, and I am sure the Government are aware of that. However, I am also aware that the Government have already issued a further call for evidence on the technicalities of the scheme, which I hope will help them to iron out any problems. I hope that they do not hang about over this, as they did with putting the Bill into your Lordships’ Committee—which we awaited with bated breath; it took a long time—but I do not support rushing such a technical process. Therefore, I do not support putting these amendments with their specific timescales on the face of the Bill. I look forward to the consultation.

[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

My Lords, I thank noble Lords for the amendments in this group.

I note the comments from the noble Lord, Lord Kamall, that the noble Lord, Lord Mott, is not in his place to speak to his amendments, but I will just touch on them briefly, if I may. Basically, his amendments seek to require licensing regulations to be made within three months of the relevant provisions in the Bill coming into force. The amendments would also extend the existing retailer register in Northern Ireland. I emphasise that, of course, the Government share the noble Lord’s desire to move as quickly as possible to implement the licensing scheme. That is why we have recently launched the call for evidence on the range of issues that we have laid out, including questions on the design of the retail licensing scheme. The feedback received will be absolutely critical, and we want to get on and launch this as soon as possible. However, it is also important that the Government have sufficient time to ensure that the regulations are properly thought through. I hope that the noble Lord, Lord Mott, when he hears the discussion, will be reassured and understand that three months is not sufficient time to run a consultation, analyse the feedback received and prepare well-considered regulations. That is as much as I shall say on his amendments.

Turning to the amendments in the name of the noble Lord, Lord Kamall, I hope to give him the reassurance that he seeks, as we discussed in last week’s Committee, that I understand these particular concerns. His amendments would similarly require Ministers to publish draft regulations implementing a retail licensing scheme for England and Wales within six months of the Bill achieving Royal Assent.  The Government are committed to ensuring that those impacted by regulations and those with expertise have the opportunity to contribute their views. We want to minimise additional costs and burdens as far as possible, while ensuring that the scheme is a success and achieves our aims of supporting legitimate businesses as well as tackling those that disregard the law.  Again, the recently published call for evidence seeks input on a range of topics, including the implementation of the retail licensing scheme. As I have said, this will inform the consultation, which we will launch as soon as possible.

To respond directly to the noble Lord’s comments, our call for evidence also asks about the implementation of the scheme and how long will be required to implement the policy. We will, of course, work through the appropriate channels to ensure that businesses have the necessary guidance to implement the changes. I cannot emphasise enough that this is for all businesses, regardless of their size or the organisations that represent them. We want to make sure that we get that message out loud and clear, so that they have confidence that their views will be regarded with the same importance as all those who contribute to the policy.

I note the noble Baroness’s comments about making sure that we get this right, so we cannot be beholden to specific timeframes on the face of the Bill. We all acknowledge that this is a complex policy and, while we want to move swiftly, it is important that there is enough time to ensure that the policy is properly thought through before developing regulations. I repeat that requiring the Government to publish draft regulations before adequate consultation may risk creating a flawed policy. For the reasons that I have outlined, bringing together previous comments, I hope that the noble Lord will feel able to withdraw the amendment.

--- Later in debate ---

[Lord Bourne of Aberystwyth (Con)]

My Lords, in supporting this group of amendments, it is clear that the very word “filter” is the most misleading of epithets. It leads many people to believe they make smoking safer. I would take a lot of convincing that people are not led to believe it is safer by the use of that very misleading epithet. It is not the point that filters do not make smoking more dangerous—incidentally, some of the early filters actually contained asbestos, so there were certainly some at an early stage that did make smoking much more dangerous. Leaving that on one side, the whole point is that people are misled into believing that smoking with filters is safer. That is the reason for Amendment 33.

There is a logic to the amendment proposed by the noble Baroness, Lady Bennett of Manor Castle, that I find compelling. The fact that we can do something in relation to the environment as well as to health is not a reason for not acting; it is a reason for acting. The suggestion from the noble Baroness, Lady Fox, that the state has no role here or only a qualified role and should not be entering this area, I find staggering. There is every reason we should be doing so in my humble opinion. Therefore, I strongly support Amendments 33 and 34.

On Amendments 141 and 143 proposed by the noble Lord, Lord Rennard, there is unimpeachable logic in putting a warning on something if you are trying to deter people from using it. I do not think it is sufficient that it is on packets; there are many people who will have a single cigarette proposed to them. They will see the warning there, and there will be publicity given to that warning. It is not just the warning on the cigarettes; the fact the Government are doing that will mean it is more widely known.

There is a great logic, and I urge the Minister to be bold. It is not sufficient that we are having this generational ban, important though that is. There is a reason for moving more quickly and forcefully in relation to the amendments, and an unimpeachable logic to trying to iron out the position on filters, which are indeed a giant fraud.

[Baroness Walmsley (LD)]

My Lords, I have added my name to Amendment 34 in the name of my noble friend Lord Russell and Amendments 141 and 143 in the name of my noble friend Lord Rennard. I will also rehearse arguments in favour of Amendment 33 in the name of the noble Baroness, Lady Bennett of Manor Castle, for the consideration of the Committee. The noble Baroness, Lady Fox, suggested there is some confusion about why people might want to ban filters. I agree with the noble Lord, Lord Crisp, that a ban is about both public health and environmental considerations.

It has been clearly shown that filters of all kinds have no health benefits whatever. Indeed, I maintain that they are actively harmful to health, but I will come to that later. They are also very costly to public authorities and bad for wildlife and the environment. Filters have been called, by a Back-Bench Member of the government party,

“the deadliest fraud in the history of human civilisation”.—[Official Report, Commons, 26/3/25; col. 1043.]

because they were formerly advertised—when cigarette advertising was still allowed—as being safer and less harmful to health than cigarettes without filters. This lie has had a long tail because even now only 25% of people understand that they have no health benefits.

As a result of the false perception that the filter—because of its very name as pointed out by the noble Lords, Lord Young and Lord Bourne—removes some of the tar and other harmful tobacco chemicals, evidence shows that smokers of filtered cigarettes inhale deeper and more frequently. Proof that filters were invented to deceive is the fact that they were deliberately made from a white substance which turns brown when heated, adding to the illusion that they were removing some of the harmful elements from the tobacco smoke. This was deliberately to mislead the smoker.

Filters of all kinds are bad for the environment. The plastic ones in particular contain thousands of toxic substances, including microplastics and nanoplastics. They take up to 10 years to break down in the environment, releasing all these microplastics as well as the 7,000 toxic chemicals from the on average five millimetres of tobacco that remains attached to each butt. These are washed into our soils and water systems and damage marine life, other wildlife and our drinking water.

Microplastics are ubiquitous. They have been found from the top of Mount Everest to the deepest oceans. They cause cancer, including colorectal, liver, pancreatic, breast and lung cancers, and the levels of them found in human brains—causing who knows what effects—have increased by 50% since 2016, according to pathologists. Even the so-called biodegradable ones contain microplastics in the glue and in any case take a very long time to break down. I deliberately put one in my compost heap, and it was still there a year later. In any case, they, too, always have some tobacco attached. They have zero health benefit and lead to a false sense of security.

The environmental damage is also very costly. We all pay to clean them up when they are discarded through littering; as has been said, local authorities spend £40 million every year, money paid by taxpayers—you and I—which could be better spent on public health and other services. Some 86% of the public and even most smokers believe that manufacturers should switch to fully biodegradable filters rather than plastic ones, but, frankly, I think that is not enough to fix the problem, for the reasons I have outlined.

The killer fact, to coin a phrase, is that there is a strong epidemiological link between the rise in the prevalence of cigarettes containing filters and the proportionate rise of a kind of cancer called adenocarcinoma, while other lung cancers have fallen along with the reduced prevalence of smoking overall. A paper by Min-Ae Song et al published in the Journal of the National Cancer Institute in America in 2017 analysed 3,284 citations in scientific literature and internal tobacco company documents and concluded thus:

“The analysis strongly suggests that filter ventilation has contributed to the rise in lung adenocarcinomas among smokers. Thus, the FDA should consider regulating its use, up to and including a ban”.


Indeed, such a link had originally been suggested by the surgeon-general as far back as 2014. Therefore, I am inclined to support Amendment 33 in the name of the noble Baroness, Lady Bennett, but at the very least I hope the Government will accept Amendment 34 in my name and that of my noble friend Lord Russell.

On Amendments 141 and 143 in the name of my noble friend Lord Rennard, I hope the Minister will see the sense of consulting on this. Not every cigarette smoked by a child or a young person or an adult smoker comes immediately out of a packet bearing health warnings. Many children, when they start illicit smoking, share a packet among themselves and many never get to see the packet at all. That is why the principle, already accepted by successive Governments, that a health warning on the packet should accompany tobacco-containing products should apply to individual products and not just the packaging. I am aware that the Government plan to make sure that there is an insert in each packet signposting smokers to cessation services and products. This is a welcome positive measure to accompany the deterrent measures of health warnings, but it is not enough. I am sure the first thing many will do is throw away the insert and never read it, as people sometimes do with pills. They cannot throw away the paper that wraps the cigarette. That is why it would be the most effective place to put the warnings.

If you believe that the health warnings on packages work and deter, how much more effective would it be to reinforce that message every time a cigarette is removed from them? A consultation and a review of the evidence of the ban in other countries would be a good idea, and I recommend it to the Minister.

[Lord Kamall (Con)]

My Lords, I thank the noble Baronesses, Lady Bennett of Manor Castle, Lady Grey-Thompson and Lady Walmsley, and the noble Earl, Lord Russell, for introducing the amendments in their names.

--- Later in debate ---

Moved by

[Baroness Walmsley]

39: After Clause 18, insert the following new Clause—
“Prohibition of distribution of tobacco products etc in England without a licence(1) An individual must not do any of the following things in the course of business in England, except under the authority of and in accordance with a commercial distribution licence—(a) distribute relevant products to any person;(b) possess relevant products for the purpose of their distribution (by the individual or another person).(2) A person must not in the course of business use or permit the use of premises in England for any of the following except under the authority of and in accordance with a premises distribution licence—(a) the storage of relevant products for the purpose of their distribution (by the person or another person);(b) the supply of relevant products to businesses or wholesale purchasers.(3) The Secretary of State may by regulations create exceptions to the prohibition in subsection (1) or (2).(4) The Secretary of State must by regulations make provision for and in connection with the grant of commercial distribution licences and premises distribution licences.(5) Before making regulations under this section, the Secretary of State must consult any persons that the Secretary of State considers it appropriate to consult.(6) Schedule (Distributor licensing scheme: England) makes further provision about regulations under subsection (4).(7) Regulations under this section are subject to the affirmative resolution procedure.(8) In this section—“commercial distribution licence” means a licence granted by a licensing authority that authorises a business to do the things mentioned in subsection (1);“distribution” means the supply of products to retail businesses, wholesale distributors, and other forms of non-retail supply;“grant” includes variation or renewal;“licensing authority” has the meaning given by paragraph of Schedule (Distributor licensing scheme: England);“premises distribution licence” means a licence granted by a licensing authority that authorises the use of premises for the purposes listed in subsection (2);“relevant products” means—(a) tobacco products;(b) herbal smoking products;(c) cigarette papers;(d) vaping products;(e) nicotine products;“supply” includes despatch;“wholesale distributors” are businesses that offer goods for sale that are sold to persons for resale by them or for processing and resale by them, to members of the general public for their use or consumption.”

[Baroness Walmsley (LD)]

My Lords, this group of amendments starting from Amendment 39 and ending at Amendment 212—apart from Amendment 119, in the names of the noble Lord, Lord Kamall, and the noble Earl, Lord Howe—are an attempt by the noble Lord, Lord Bethell, who cannot be in his place today, and myself to provide a framework for regulating the wholesale and distribution element of the supply chain for tobacco products.

For the sake of transparency, the development of this framework has been led by the UK’s largest online vaping retailer, Vape Club, which is a founding member of the UK Vaping Industry Association and operates independently of any member of the tobacco industry. The creation of the proposed scheme involved consultation with multiple key industry stakeholders, including trading standards and the Association of Convenience Stores, excluding representatives from the tobacco industry. I am aware that it is in the interest of these organisations to do everything possible to tackle the illicit market.

This set of amendments would require businesses distributing or storing tobacco, vaping and nicotine products for commercial purposes to obtain and operate under a valid licence. It outlines offences and penalties in England, Wales and Northern Ireland; Scotland has its own system.

These amendments deliver two key benefits. They would help to tackle the rise in youth vaping and to curb illicit trade in tobacco products, although we are aware that the number of illicit cigarettes smoked in the UK has declined by 90% since 2000. I also accept, as the Minister has often said, that the best way to eliminate the illicit market in tobacco-containing products—I use that phrase carefully—is to eliminate demand, which is the objective of this Bill.

--- Later in debate ---

The Government take a strategic approach to tackling the illicit market and will continue to ensure that all aspects of the supply chain are robustly monitored. I therefore ask noble Lords not to press their amendments.

[Baroness Walmsley (LD)]

My Lords, I am grateful to the noble Lord, Lord Kamall, for his comments and to the Minister for her response. The very fact that there is an illicit market is an indication that there are gaps in enforcement. This group of amendments is an effort to control that illicit market or, at the very least, to deter illicit supply by way of the size of the financial penalties proposed.

The Minister mentioned vapes laced with spice, which are often obtained online by young people from websites with a very poor level of age restriction. Many of them do not even know what they are getting because many of these products claim to have THC, the active element of cannabis, in them and do not mention spice at all. Perhaps that leads us to reconsider the earlier amendment that proposed a ban on online sales, because it might get rid of that problem.

However, I accept that the Government are keen on controlling the illicit market. That the strategy will be based on the illicit tobacco strategy will help, because it will be based on lessons learned, I hope. So I am content for the moment to look forward to the increased powers of HMRC and increased funding for enforcement. I will not press my amendments any further.

Amendment 39 withdrawn.

--- Later in debate ---

[Earl Howe (Con)]

My Lords, I feel it is appropriate that we should have at least a short debate on Clauses 35, 36, 129 and 130, partly because they raise concerns that are very similar to those I had intended to flag when responding to the group of government amendments that were, in the event, not moved. Our debate on that group of amendments must remain a pleasure in store.

However, these clauses together confer on Ministers the power to take over the enforcement and prosecutions of local authorities or other enforcement authorities, either for individual cases or entire categories of cases. The inclusion of these powers in the Bill needs explaining, first, because they appear to go much further than is necessary or appropriate and, secondly, because they raise a number of important questions about the relationship between central and local enforcement and about accountability.

At present, the Bill rightly places day-to-day enforcement in the hands of local weights and measures authorities, which have the expertise, local knowledge and operational independence needed to make these judgments. Under these clauses, however, the Secretary of State or the devolved Ministers could simply direct that those functions are to be discharged instead by Ministers centrally. There is no statutory test to be met before that happens, no requirement for the local authority to have failed or refused to act, and no mechanism for consultation, appeal or review.

By any standard, that is a very wide power to exercise over democratically elected local authorities. In effect, it allows central government to displace local enforcement at will. Inherent in the exercise of this power is a risk that enforcement decisions become politicised. Local authorities act impartially and are guided by the evidential tests and the public interest. One can imagine a situation in which a future Government—I am not saying this one—choose to intervene and adopt an approach of their own when taking over investigations or prosecutions. How will we safeguard the impartiality of decision-making? How will the basis of any decisions be scrutinised or, indeed, challenged?

There is the added issue of proportionality. If these are intended as reserve powers for exceptional circumstances, the Bill should say so. At the moment, there are no thresholds, no published criteria and no requirement even to lay a Statement before Parliament when such powers are used.

We have tabled these stand part notices to probe the Government on several points, and I would be grateful if the Minister could respond to the following questions. First, why does the Secretary of State need these powers at all, given the enforcement architecture already in existence and set out elsewhere in the Bill? Secondly, in what circumstances does the Minister envisage using them? Is this a genuine power of last resort or something that might be used more routinely? Thirdly, what safeguards will there be for local authorities whose functions are overridden? Will they be consulted, or have the right of challenge? Fourthly, how will accountability work once a Minister takes over enforcement? Will there be a published direction, a report to Parliament or any means of scrutiny? Finally, how do these powers sit with the devolved authorities?

We all want effective enforcement of the law, and there may be rare cases where national co-ordination is required. However, I think we need some further and better particulars from the Minister.

[Baroness Walmsley (LD)]

My Lords, I am afraid I do not support the wish of the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, to delete Clause 35 and its associated clauses. I do not believe that the backstop, which enables the Secretary of State to take over enforcement from trading standards, is a power grab; it is necessary in case a local authority goes into administration and cannot fund trading standards. Similar measures to protect social services in the case of a local authority going into administration can be found in the Care Act 2014, amended by the Health and Care Act 2022. The Tobacco and Related Products Regulations 2016 recognise that there may be situations where it is more appropriate for the Secretary of State to act rather than local weights and measures authorities.