Key developments in the Tobacco and Vapes Bill

The Tobacco and Vapes Licensing Bill 2025 (the “Bill”) introduces a new regulatory framework for the sale of nicotine-based products across England, Wales and Northern Ireland.

If enacted as expected, the legislation will come into force on 1 January 2027 and will fundamentally change how tobacco and vape products are licensed and regulated.

The proposed regime will introduce new licensing requirements for retailers, tighter enforcement powers and long-term restrictions on tobacco sales as part of the Government’s plan to create a “smoke-free generation”.

This guide explains what the Bill means for retailers, operators and licence holders.

When will the Tobacco and Vapes Licensing Bill come into force?

The Bill is currently expected to come into force on 1 January 2027.

However, secondary legislation and detailed regulations are still awaited, meaning the precise operational framework has not yet been finalised.

Retailers should begin preparing now to avoid compliance issues once the regime becomes mandatory.

Will you need a licence to sell vapes or tobacco?

Yes.

Under the proposed legislation, two types of licence are expected to apply, mirroring the structure of the existing alcohol licensing system.

Premises licence

Any location where nicotine-based products are:

• Sold
• Displayed for sale
• Supplied

will require a premises licence.

Personal licence

Any individual who:

• Sells
• Displays for sale
• Possesses for sale

vapes, tobacco or other nicotine products will likely require a personal licence.

Although the final requirements have not yet been confirmed, it is anticipated that applicants may need to pass an accredited examination, similar to the alcohol personal licensing regime.

What products are covered by the Bill?

The legislation applies to “relevant products”, including:

• Cigarettes
• Hand-rolled tobacco
• Cigars
• Cigarillos
• Pipe tobacco
• Chewing tobacco
• Heated tobacco
• Nasal tobacco (snuff)
• Herbal smoking products
• Cigarette papers
• Waterpipe tobacco products (such as shisha)
• Vapes

Retailers should assume broad coverage unless specific exemptions are introduced in secondary legislation.

What conditions may apply to vape and tobacco licences?

Although the final conditions have not yet been confirmed, regulations may introduce requirements similar to those seen in alcohol and gambling licensing regimes.

Potential conditions could include:

• Mandatory display of the licence at the point of sale
• Restrictions on permitted sales hours
• Age verification requirements
• Staff training obligations

Retailers should anticipate robust compliance and enforcement standards.

What is the “smoke-free generation”?

A key feature of the Bill is the phased prohibition on the sale of tobacco products to anyone born on or after 1 January 2009.

This policy aims to gradually eliminate tobacco use by preventing younger generations from ever legally purchasing tobacco products.

Retailers will need robust age verification procedures capable of handling this rolling age restriction.

How will the Bill be enforced?

Two principal enforcement powers are currently available.

Restricted premises orders

These may be imposed following repeated convictions for under-age sales and prohibit tobacco sales from the specific premises named in the order.

Restricted sale orders

These prohibit an individual from selling tobacco or vape products, either from the relevant premises or any other location.

The Government is also considering extending smoke-free legislation to prohibit vaping in enclosed hospitality venues, including pubs and bars. If implemented, this would have significant implications for the licensed trade sector.

What should retailers do now?

Although full details are still awaited, businesses should begin preparing by:

• Reviewing current age verification procedures
• Assessing whether existing alcohol licence holders will require additional permissions
• Monitoring consultation outcomes and secondary legislation
• Planning for potential staff training and accreditation requirements

Early preparation will reduce the risk of enforcement action when the regime takes effect.

We will continue to provide updates as further details, consultations and regulations are published.

Please note that this information is for general guidance only and should not substitute professional legal advice. If you have specific concerns, we recommend consulting one of our legal experts.