York targets illegal disposable vape sales with tougher enforcement

By: J Gerrard, Local Democracy Reporter

Shops caught selling illegal single-use vapes in York could be fined up to £200 under council plans.

City of York Council proposals could also see businesses found to be selling more than 20 vapes formally cautioned or prosecuted.

‘Stop notice’ orders could also be issued to stop traders harming the environment with single-use vapes such as by not disposing of them properly.

A council report on the plans stated they came as part of efforts to reduce the environmental impact of single-use vapes.

But it added vape manufacturers had redesigned products that complied with the rules while continuing to sell them at the same price, limiting the impact on consumer behaviour.

Plans for fines in York come after the ban on the sale of single-use vapes came into force in June last year.

Vapes which cannot either be recharged or refilled cannot be legally sold or supplied in shops or by manufacturers, wholesalers or health and stop smoking services.

The government said last year the crackdown aimed to put an end to the alarming rise of single-use vapes in schools and to stop them blighting streets as litter.

Council trading standards officers will be responsible for enforcing the ban in York and would be able fine offenders if proposals are approved at a meeting today (14 April).

Offending traders who pay fines within 28 days would get penalties discounted to £100.

Those found to be selling low amounts of illegal vapes may be issued a compliance notice legally requiring them to stop instead of a fine.

Being found to be selling more than 20 vapes would be classed as an aggravating factor, potentially opening traders up to prosecutions.

Council officers may also take steps to recover costs if other actions are taken against traders as part of their enforcement efforts.

Laws which came into force last year also require traders to provide facilities for vapes to be recycled but this will not be enforced by the council.

A vaping products duty of £2.20 per 10ml of liquid in a product is also set to come into force from October.

The council’s report stated the Government had put out a call for evidence to see if current rules on vaping are fit for purpose.

It added it could result in further legal changes including a licensing regime for those selling vapes.

(Local Democracy Reporting Service)