Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment he has made of the adequacy of the powers available to local authorities to take enforcement action against shops unlawfully selling vapes.

Trading Standards Officers currently have a range of enforcement tools at their disposal to enforce age of sale restrictions and take a proportionate approach to enforcement that reflects the severity of the offence committed. When necessary, this includes prosecuting offenders which can result in courts imposing a fine of up to £2,500, and, in the case of repeat offences, applying for a restricted premises order or restricted sale order. £200 fixed penalty notices introduced by the Tobacco and Vapes Bill will complement existing sanctions and support Trading Standards to crack down on retailers selling to people underage.

To ensure that local authorities are provided with the appropriate powers to enforce measures in the Tobacco and Vapes Bill, provisions in the Bill give Trading Standards Officers investigatory powers set out in Schedule 5 of the Consumer Rights Act 2015. Future regulations relating to vaping product requirements will also provide appropriate powers for enforcement authorities to carry out their duties.

We will complete a post-implementation review of the measures in the Tobacco and Vapes Bill in due course.