Agenda item

The purpose of this report is to provide members with information on the ban on single-use vapes (disposable vapes) to be applied from 1 June 2025.

The Regulatory Team Leader of Brent and Harrow Trading Standards presented an overview of the report that provided members with information on the ban on single use vapes that would be implemented from 1 June 2025.

The Regulatory Team Leader explained that ban was introduced to reduce waste and recycling issues created by single use vapes. This ban does not relate to the nicotine content or flavours of the vapes and refillable and reusable vapes will still be available.

The Department for Environment, Food and Rural Affairs (DEFRA) have stated that Trading Standards would lead the enforcement of this policy in local areas with authority provided by the local authority of each Borough.

Trading Standards would be able to enforce fines and civil sanctions for the possession of single use vapes for supply. The statutory fine that could be issued is currently £200 and Trading Standards could also retrieve the cost of enforcement.

Trading Standards are required to publish guidance on the criteria for the enforcement of fines, civil sanctions and possible further sanctions if the requirements of the initial sanctions are not met. Businesses would be provided with guidance to dispose of excess supply of single use vapes to become compliant once the ban comes into effect.

Consultation with the required parties for the publication of this guidance would commence in April 2025, with any necessary revisions to be made in May 2025 for final publication in June 2025. Press releases were sent out through Brent and Harrow communication teams on 28th February and 19th March 2025, with regular updates to be made to the Trading Standards webpage when required.

Members questioned if compensation would be put in place for traders who already had invested in a large supply of single use vapes. The Regulatory Team Leader highlighted that businesses had been made aware of this ban for quite a while and will not be provided with compensation. Many businesses had already started to change their stock from single use to reusable vapes to comply with the ban.

Members asked if Trading Standards were under a legal obligation to right to businesses regarding the ban. The Regulatory Team Leader responded that DEFRA has guidance available for businesses but specific guidance for the enforcement of this ban had not yet been published.

Members queried how the compliant disposal of the stock of single use vapes will enforced. The Regulatory Team Leader replied that this would be the responsibility of environmental teams, but that businesses have received guidance on how to dispose of excess stock, a process which would incur a cost for businesses. Many businesses had already started to phase out their stock of single use vapes because of this.

Members asked about the number of vape sellers in Harrow. The Regulatory Team Leader stated that this was near impossible with no specific license required by businesses to sell vapes and that guidance in relation to the ban had been targeted at businesses they were aware sold vapes.

The Chair questioned how online sales will be addressed. The Regulatory Team Leader highlighted that the ban does cover online sales and that if complaints were made to the team, they possess powers to shut that website down.

The Chair also queried how different flavours of vapes and illegal nicotine levels within vapes will be addressed if at all. The Senior Regulatory Service Manager advised that this was covered by the Tobacco Related Products Legislation not by the single use vape ban. This may be covered in future Government legislation.

RESOLVED:  That the report be noted.