The single-use vape ban kicks in on Sunday. How the ban is enforced varies between the UK’s four nations and is specific to where your business operates.
England
Each local authority’s Trading Standards department is responsible for enforcing the ban in their area.
Trading Standards can seize any single-use vapes they find.
In the first instance, Trading Standards will apply civil sanctions (non-criminal penalties). For example:
- a stop notice
- a compliance notice
- a fine of £200
If you continue to stock, sell or supply single-use vapes (or offer to), you may be charged with:
- an unlimited fine
- a prison sentence of up to two years
You may also receive an additional cost recovery notice. This means you must pay the costs incurred by Trading Standards while investigating your offence, including investigative, administrative and legal costs.
Wales
Local authorities in Wales lead on enforcing the ban.
Enforcement authorities may apply civil sanctions, such as:
- a fixed fine of £200 or a variable fine of more than £200
- an enforcement cost recovery notice
- a non-compliance penalty
- a stop notice
Alternatively, you could be tried in a magistrates’ court or Crown Court.
You may be given an unlimited fine and prison sentence of up to six months if:
- you’re found guilty in a magistrates’ court of stocking, selling or supplying single-use vapes
- you fail to follow a stop notice
You may be given a prison sentence of up to two years and an unlimited fine if you’re found guilty in a Crown Court of one of these offences.
You may need to pay an unlimited fine if you’re found guilty in a magistrates’ court of:
- obstructing an enforcement officer
- failing to follow an enforcement officer’s requests
Scotland
Local authorities in Scotland lead on enforcing the ban.
They report criminal cases to the Crown Office and Procurator Fiscal Service, who are responsible for prosecuting offences under the regulations.
Enforcement officers can issue a fixed penalty notice instead of criminal prosecution. The fixed penalty amount is £200 for a first offence. This is discounted to £150 if paid within 14 days.
The fixed penalty amounts and discounts are different for people who have had enforcement action taken against them in the previous three years.
Maximum penalties for offences in Scotland
If you’re found guilty of stocking or supplying a single-use vape (or offering to):
- on summary conviction you’ll be subject to a fine of up to level 5 (currently £5,000) on the standard scale
- on conviction on indictment, you’ll be subject to up to two years in prison or a fine, or both
If you fail to comply with an enforcement requirement without a reasonable excuse, you’ll be subject on summary conviction to a fine of up to level 5 (currently £5,000) on the standard scale.
You’ll be subject on summary conviction to a fine of up to level 3 (currently £1,000) on the standard scale if you:
- fail to provide your identification details to an enforcement officer
- give false or inaccurate identification details to an enforcement officer
Northern Ireland
The enforcement mechanism is different in Northern Ireland from other parts of the UK. There are no civil sanctions for this offence and the following penalties apply.
If you’re found guilty of stocking or supplying single-use vapes (or offering to), you may receive a fine of up to £5,000 on summary conviction in a magistrates’ court. On further conviction of this offence in a Crown Court, you may face a prison sentence of up to two years, a fine, or both.
If you fail to provide information that an enforcement body asks for, you may receive a fine of up to £5,000 on summary conviction in a magistrates’ court.
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