What retailers need to know about the Tobacco and Vapes Act 2026
The Tobacco and Vapes Act 2026 will change how tobacco, vape and nicotine products are sold. One of the most important changes is the introduction of a new licensing system. Terry Griffin, partner in our regulatory, compliance and licensing team, looks at what this means for retailers.
What products are covered?
The Act sets out the consequences of trading without the appropriate licence or giving false or misleading information when applying for one.
The rules are not limited to cigarettes; they apply to retailers selling:
- Tobacco products
- Herbal smoking products
- Cigarette papers
- Vaping products
- Nicotine products
This is likely to affect convenience stores, vape shops, petrol stations, supermarkets, online retailers and other businesses may all be affected, depending on what products they sell.
The Act provides that two separate licences may be needed:
- Personal licence
A personal licence relates to the individual involved in selling the products. In simple terms, a person must not sell, display for sale or keep relevant products for sale unless they are authorised by a personal licence and comply with its terms.
- Premises licence
A premises licence relates to the place where the products are stored, displayed or supplied to customers. Retail premises must be properly licensed if they are used for this type of activity. For multi-site retailers, this means checking both who is selling the products and where the products are being sold or stored. It will not be enough to assume that one approval covers the whole business.
The Act sets the framework, and further regulations are to be published to cover matters such as:
- How licence applications must be made
- Which authority will deal with applications fees
- Licence conditions
- How long licences last
- Renewals, variations, suspensions and revocations; and appeals
Retailers should not wait for every detail before preparing. The direction of travel is clear: selling these products will become a licensed activity.
New criminal offences
The Act makes it a criminal offence to carry on relevant retail activity without the correct licence. This may include trading without the required personal licence, using unlicensed premises, or operating outside the terms of a licence.
If a business is convicted, the court may also order forfeiture of the products involved. That could mean stock being seized and permanently lost.
The Act also provides for a separate offence where a person gives materially false or misleading information to a licensing authority and knows, or ought reasonably to know, that the information is false or misleading.
This is important because licence applications are likely to require accurate information about matters such as ownership, management, premises, trading arrangements and compliance history. Incomplete or inaccurate information could create enforcement risk if it matters to the licensing decision.
What should retailers do now?
Retailers should use the lead-in period to get ready to make their business compliant for the upcoming changes.
Practical steps include:
- Checking which products are sold and whether they fall within the licensing regime
- Identifying which staff may need personal authorisation
- Checking which shops, storage areas or other premises may need a premises licence
- Reviewing ownership and management information before any application is made
- Keeping compliance records, including staff training and age-check procedures
- Making sure licence applications are accurate and supported by evidence
- Planning if the business operates from more than one site
Conclusion
The Tobacco and Vapes Act 2026 move the sale of tobacco, vape and nicotine products into a more formal licensing environment. Retailers will need to think not only about age checks and product rules, but also about whether the right people and premises are authorised to trade.
Businesses that prepare early will be better placed to apply for licences, comply with future conditions and avoid disruption once the new regime takes effect.
If you would like to understand what the Tobacco and Vapes Act 2026 could mean for your business or would like support reviewing your licensing and compliance arrangements, contact Harrison Drury’s regulatory, compliance and licensing team on 01772 258 321.