In light of the introduction of the UK Government Tobacco and Vapes Bill on 5 November 2024, what plans it has to introduce (a) a licensing…

Scotland has a long-established and functioning register of tobacco and nicotine vapour product retailers. The Tobacco and Vapes Bill, if passed, will expand Scotland’s existing registration scheme to include retailers selling herbal smoking products and nicotine products.The Scottish Government’s view is that introducing a licensing system at this time would put undue pressure on local authorities and the retail sector. In line with our Tobacco and Vaping Framework, the technical infrastructure of the register is being improved, which has been welcomed by stakeholders.The Tobacco and Vapes Bill, if passed, will ban the advertising, promotion and sponsorship of vapes including non-nicotine vapes and nicotine products that are currently not captured in a similar way to existing restrictions on the advertisement of tobacco products. The Bill, if passed, will also ban the free distribution, nominal pricing and substantial discounting of vapes to anyone of any age. This will ensure that retailers do not use this as an alternative way to promote their products.The Bill, if passed, will also provide a number of powers to Scottish Ministers to regulate the display of vaping products and their prices, as well as the display of empty retail packaging or anything that represents the products, in retailers in Scotland. Further consultation will be undertaken before making regulations under this power.Additionally the Bill, if passed, also provides powers for the Secretary of State to make regulations about the quality, safety and product standards to be met for production, sale or importation of vaping products, as well as their packaging, the features, and their flavours. These powers can only be exercised to make regulations containing devolved provision if the Secretary of State obtains the consent of the Scottish Ministers.