Tobacco and Vapes Act 2026

An Act to make provision about the supply of tobacco, vapes and other products, including provision prohibiting the sale of tobacco to people born on or after 1 January 2009 and provision about the licensing of retail sales and the registration of retailers; to enable product and information requirements to be imposed in connection with tobacco, vapes and other products; to control the advertising and promotion of tobacco, vapes and other products; and to make provision about smoke-free places, vape-free places and heated tobacco-free places.

The landmark legislation introduces measures on a phased timeline to completely phase out smoking for the next generation while curbing youth vaping:  

Phased Implementation Timeline

  • October 29, 2026 (6 months after Royal Assent):
    • Minimum Age: An age of sale of 18 is introduced for all consumer nicotine products (including zero-nicotine vapes and nicotine pouches).
    • Vending Machines: A ban on vending machines containing vapes or non-medicinal nicotine products, as well as a ban on the free distribution (giveaways) of these products.
  • January 1, 2027:
    • Smokefree Generation: The generational tobacco sales ban takes effect. It becomes permanently illegal to sell tobacco, herbal smoking products, or cigarette papers to anyone born on or after January 1, 2009.
  • June 1, 2027:
    • Advertising Ban: A comprehensive ban on the advertising and sponsorship of all consumer nicotine products, including vapes.

 Retail & Vaping Regulations

  • Retail Licensing: The Act grants powers to introduce a mandatory licensing scheme for all physical and online retailers selling tobacco, vapes, and nicotine products.
  • Packaging and Flavours: The government is given powers to standardize packaging, limit or ban flavours that disproportionately appeal to children, and control digital features (e.g., Bluetooth, games) on vape devices.

Outdoor Smoke-Free Spaces

Beyond sales, the Act empowers local and national governments to extend smoke-free and vape-free environments to specific outdoor spaces to protect children and vulnerable people from second-hand smoke. Consultations remain active regarding bans in areas such as school grounds, hospital grounds, and children’s playgrounds.

This Act introduces a new licensing scheme for retailers in England, Wales and Northern Ireland, covering tobacco, vapes and nicotine products.  Under the Act, any person selling tobacco and nicotine products will need a personal licence and premises licence.

Most measures, including the vending machine ban and Fixed Penalty Notices (FPNs), take effect six months after Royal Assent.  The Government are yet to confirm specific commencement dates.

The Act introduces new offences, restrictions and enforcement powers relating to the sale of tobacco, vaping and nicotine products. These include:

  • new age‑of‑sale restrictions creating a smoke‑free generation, making it an offence to sell tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009,
  • from 1 January 2027, it will be illegal to sell tobacco, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009
  • proxy purchasing offences, aligning tobacco and vape/nicotine products,
  • controls on free distribution and substantial discounting, with a ban on the free supply or promotional giveaways of vapes and nicotine products,
  • ban on vending machines for vapes, nicotine and herbal smoking products and cigarette papers, extending existing rules on tobacco vending machines,
  • new Fixed Penalty Notice (FPN) regime enabling local authorities to issue on‑the‑spot fines for offences such as underage sales,
  • powers to introduce a mandatory licensing scheme for all tobacco, vape and nicotine retailers, including online sellers,
  • ban on advertising and sponsorship of vapes and other nicotine products to reduce youth appeal,
  • powers to regulate flavours, packaging, display and product standard, including digital features of vape devices, to limit attractiveness to children,
  • powers to extend smoke‑free places (and corresponding vape‑free/ heated‑tobacco‑free places) to certain outdoor settings such as outside schools, playgrounds and hospitals, subject to consultation,
  • new requirements for retailers to display updated age‑of‑sale notices reflecting the birth‑cohort rule,
  • powers to introduce a registration system for tobacco, vaping and nicotine products entering the UK market to strengthen consumer safety and enforcement.

The Act applies to:

  • tobacco products (cigarettes, rolling tobacco, cigars, shisha, heated tobacco)
  • cigarette papers
  • herbal smoking products vapes and vape devices
  • e‑liquids and components (coils, pods, cartridges)
  • nicotine products such as pouches, gums, strips and pearls

The Tobacco and Vapes Act introduces a new mandatory licensing scheme for all retailers selling tobacco, vapes and nicotine products. The scheme will apply to both in‑person and online retailers and will be introduced through future regulations following consultation.  The scheme will apply to: –

  • nicotine and non‑nicotine vapes,
  • e‑liquids, pods, cartridges,
  • vape devices of all types,
  • herbal/vitamin vapes,
  • future and emerging products.

What is the Tobacco and Vapes Act, and what will retailers need to do?

What is the Tobacco and Vapes Act and what does it mean for vape licensing?

This Act introduces a new licensing scheme for retailers covering tobacco, vapes and nicotine products.

It aims to develop a licensing framework for the sale of nicotine products which is very similar to the framework which regulates the sale of alcohol.

The final Regulations have not yet been published, therefore, it is not possible to fully understand certain elements, such as any eligibility requirements for applicants, how long licences will be valid for and the application fees involved.

Why is the Tobacco and Vapes Act being introduced?

The rationale for this legislation is that smoking is the number one preventable cause of death, disability and ill health in the UK. The Government reports that smoking causes around 80,000 deaths a year and kills 2/3 of its long-term users.

The Government have therefore called the Act the ‘biggest public health intervention in a generation – breaking the cycle of addiction and disadvantage and putting us on track towards a smoke-free UK.’

What will retailers have to do?

Under the Act, any person selling tobacco and nicotine products will need a personal licence and a premises licence will be required for the relevant building/stall etc that the products are being sold from (business or residential).

Do I need a licence to sell vapes?

Under the Act an individual must not sell, expose for sale or possess for sale tobacco, vapes or other nicotine products except under the authority of, and in accordance with, a personal licence.  In addition, premises must not be used for the storage for sale, exposure for sale or supply of such products (including dispatch to customers) except under the authority of, and in accordance with, a premises licence.  Practically, this means both a personal licence and a premises licence will be required for the retail sale of tobacco, vaping and other nicotine products.

Once the Act is in force, further regulations will set out the detailed structure and operation of the licensing regime. The Regulations may make provision for the grant of premises licences subject to conditions, as they do with various licensing schemes. Though nothing is specified yet, conditions could include the need to display the licence at the point of sale or specific hours that nicotine products are allowed to be sold.

If you are experienced in the alcohol licensed trade, you will notice similarities between the two regimes.

How can this be enforced?

  • Restricted Premises Orders: available upon conviction for repeated sales to underage persons. These prohibit the sale of tobacco products from a named premises.
  • Restricted Sale Orders: which prohibit an individual from selling tobacco or vape products, whether at the premises or elsewhere.
  • Fixed Penalty Notice (FPN) (£200 – £2,500): regime will enable local authorities to issue on‑the‑spot fines for offences such as underage sales

What nicotine products does the Act apply to?

The Act applies to retail sale of ‘relevant products’, and these include:

  • Vapes
  • Cigarettes
  • Hand Rolled Tobacco
  • Cigars
  • Pipe Tobacco
  • Chewing Tobacco
  • Nasal Tobacco (Snuff)
  • Herbal Smoking Products
  • Cigarette Papers
  • Waterpipe Tobacco Products (For Example, Shisha)

What premises will the tobacco and vape licensing affect?

Premises that will be caught include:

  • Supermarkets
  • Corner shops
  • Vape and tobacco shops
  • Petrol stations
  • Hospitality premises offering shisha and/or similar products
  • Digital retail including websites, apps etc.

 

Tobacco and Vapes Licence Regulations

When will the Act take effect?

The Act has now completed its path through the parliamentary process and has Royal Assent.  Different parts of the Act will come into effect at different stages – please the phased timeline above.

It is anticipated, but not guaranteed, that the Regulations will be issued well in advance of the Act being implemented. Sometime after that the timeline for the Licensing scheme coming into operation should be announced.

How can you apply for a tobacco and vape licence?

Premises licences will be granted by the Licensing Authority with jurisdiction over your premises. Personal licences are likely to be granted by the Licensing Authority covering the area where the individual lives.

It is expected that applying for a tobacco or vape licence to be similar to applications made under the Licensing Act 2003 for personal and premises licences.

There are further Regulations to be made under the Act covering: –

  • Description of the Licensing Authority;
  • Granting/Refusing Premises/Personal Licences;
  • Fees;
  • Conditions to be attached to licences;
  • Licence duration, renewal, variation, suspension or revocation;
  • Publication of Licensing information;
  • Statutory Guidance issued by the Secretary of State;
  • Sub-Delegation.

 

 
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