The Tobacco and Vapes Act 2026 received Royal Assent on 29 April 2026, albeit the vast majority of provisions will not take effect at least for a further 6 months and until secondary legislation is made.
The Act is wide-reaching, affecting all four home nations and has been heralded as the most significant public health reform since the implementation of the ‘smoking ban’ in 2007. Key provisions include:-
• Creating the UK’s first ‘smoke-free’ generation for those born on or after 01 January 2009;
• Introducing a retail licensing scheme for the sale, distribution and display of tobacco and vape
products, with those unlicensed to become unlawful;
• Strengthening enforcement powers of Local Authorities including the ability to issue fixed
penalty notices and apply to Magistrates Courts for restriction orders;
• Banning advertisement and sponsorships for relevant products;
• Ability to designate additional smoke-free places
Focusing on the licensing aspect, it is apparent operators will need to navigate a transitional new regulatory scheme for those that wish to continue offering for sale ‘relevant products’ as defined in the Act, which will include:-
o Tobacco products (cigarettes; cigars; hand rolled tobacco; pipe; chewing/nasal tobacco; etc);
o Herbal smoking products;
o Cigarette papers;
o Vaping products;
o Nicotine products.
Businesses which will likely need to take action include supermarkets and convenience shops; vape and cigar shops; petrol stations; restaurants and cafes offering shisha; and online retailers of such relevant products.
Whilst the necessary detail as to process, requirements, cost and duration of a licence are yet to be determined by further regulation, it is evident that each business will require a ‘Premises Licence’ as well as an individual who holds a ‘Personal Licence’ to authorise the sale. This is akin to requirements of the existing format for alcohol licensing, pursuant to Licensing Act 2003. In that respect, businesses that will likely be affected by tobacco licensing may already be familiar with the ‘Personal’ and ‘Premises’ licence concept should they presently be licensed for alcohol. However, others such as a typical vape shop, will need enter the licensing remit of the Local Authority for the first time
Read the full information on the .gov site Tobacco and Vapes Act 2026 This will take you directly to the government website
This note is limited to the impact of the legislation in England and should not be viewed as legal or
specific advice. If you have any queries in respect of the above or any other matter, please contact
one of the partners:
Alun Thomas E: athomas@tandtp.com T: 07956 805464
Thomas O’Maoileoin E: tomaoileoin@tandtp.com T: 07786 966173
Jack Spiegler E: jspiegler@tandtp.com T: 07720 975272
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