Licence to Kill (the Black Market)

The figure produced by the Association of Convenience Stores represents a near 30% increase in net budgets for Trading Standards and takes into consideration the cost of enforcement officers, training, detection dogs, legal fees, product disposal and more.

The UK government previously committed to a £30 million annual enforcement top-up, however, it appears only one third of the funding boost would have actually been assigned to Trading Standards – this is nowhere near the estimates laid out by the ACS analysis and a far cry from what is needed to crack down on rogue vape traders.

In fact, it is estimated that Trading Standards services in England would need THREE TIMES that amount to enforce ‘just the current vaping regulations’ – never mind any future policy that may be introduced, including the ban on disposables.

The legitimate vape sector – led by the UK Vaping Industry Association (UKVIA) – has long been calling for greater enforcement and stronger action against the unscrupulous sellers who put consumers, young people and the industry at risk by blatantly flouting the law.

To that end, the industry developed a first-of-its-kind vape retail and distributor licensing framework which would generate upwards of £50 million in annual self-sustaining funding, at no additional cost to the taxpayer. This money would be used to support under-resourced Trading Standards and fuel a proactive national programme of enforcement.

The scheme would also:

• Prevent inappropriate businesses – such as takeaways, taxi ranks, hairdressers and sweet shops – from selling vaping products.
• Ensure retailers meet and maintain a strict set of compliance requirements across youth access prevention, product standards, marketing and environmental obligations before being given a licence.
• Bring into force more impactful fines of up to £10,000 and £100,000 for retailers and distributors who fail to meet regulation – they would also face the ultimate punishment of losing their licence and the right to sell vapes.

UKVIA Director General John Dunne said: “The ACS-commissioned analysis shows that a huge funding boost is needed if we are to rain down on illegal vape sellers with the full force of the nation’s dedicated, but under-resourced, Trading Standards officers – a cost that the UK government has yet failed to meet, but one that could be covered by the sector’s comprehensive licensing framework.

“It’s rare for an industry to advocate for its own regulation, but we have and will continue to call on the government to introduce a vape licensing scheme because it is what is needed to back effective enforcement and to usher in a new age of accountability for our sector. Let’s support Trading Standards with adequate funding; let’s stop underage and illicit vape sales for good; let’s licence to kill the black market.”

To further support Trading Standards, the UKVIA has also rolled out its national Be Vape Vigilant initiative, which encourages and provides a platform for vapers, smokers, parents and the general public to flag up retailers suspected of underage and illicit vape sales.

Information gathered through the scheme is passed onto the relevant authority to be used as part of intelligence-led enforcement – to date, more than 500 reports have been submitted via the online portal.

Dave Cross

Journalist at POTV

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Dave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous start-ups to develop content for their websites.