Can Pubs sell Tobacco & Vape Products?

Yes, pubs in England and Wales can sell tobacco and vape products, but there are important legal requirements and upcoming changes that licensees need to be aware of.

Current Legal Position:  At present, pubs may sell tobacco and vaping products if they comply with existing laws, including:

• Age restrictions: Tobacco and nicotine vape products must not be sold to anyone under 18.
• Display rules: Tobacco products must not be openly displayed; vape products are not yet subject to the same display restrictions, but this is changing.
• No vending machines: Tobacco vending machines are banned in all licensed premises.

Upcoming Changes: The Tobacco and Vapes Bill

The Tobacco and Vapes Bill, currently progressing through Parliament, will introduce a new licensing scheme for the retail sale of:

1. Tobacco products
2. Herbal smoking products
3. Cigarette papers
4. Vaping and nicotine products (including non-nicotine vapes and emerging products)

Key Points regarding the future of selling Tobacco & Vape Products:

• Premises Licence: Will be required to store, display, or sell these products.
• Personal Licence: Required for individuals selling or supervising the sale of these products (similar to alcohol licensing).
• Application Process: Will be managed by local authorities, with fees and conditions to be confirmed.
• Start Date: The scheme is expected to come into force sometime before or during 2027, with a lead-in period of 6–12 months.

Important Considerations for Pubs:  Although you can currently sell tobacco and vape products if you follow the law, you will need new Tobacco & Vape Licences once the new scheme is implemented.

There is no guarantee that existing retailers will automatically qualify under the new system.  Selling without a licence once the new law is in force could result in criminal prosecution or civil penalties of up to £2,500.