Lincolnshire councillors are sounding the alarm, and shops selling vapes and tobacco could be the next frontier in licensing, akin to alcohol vendors.

A report before the Lincolnshire County Council's Public Scrutiny Committee on Tuesday 19 September unveiled some unsettling statistics: in the 2022/23 fiscal year, Trading Standards conducted age-restricted sales tests that resulted in an 11% failure rate for alcohol and tobacco, and a concerning 30% for vapes.

The report also spotlighted two businesses under investigation—one previously prosecuted for underage cigarette sales and another failing a test purchase even after receiving prior advice. With no knife sales in eleven attempts and several businesses slapped with three-month closure notices, councillors are questioning if current enforcement measures are up to snuff.

Following the meeting, Councillor Tom Ashton said: "In my experience… dealing with alcohol licences, where a retail premises has been found contravening its obligations either in tobacco, vapes, or alcohol, a district council licensing committee can take away their alcohol licence, but that has relatively little deterrent effect, and absolutely no effect on their future ability to sell tobacco or vapes, be they legal or otherwise."

He praised Lincolnshire's Trading Standards' performance as "absolutely superb," adding that they were "doing the utmost with the resources and powers available to them."

"I'm pleased that our trading standards officer indicated that the national association is examining this issue and would prefer to see both tobacco and vapes licensed in the same manner as alcohol to give them greater strength and powers," he said.

Coucillor Paul Skinner. Image credit: LDRS.

He was supported by Councillor Paul Skinner, who said: "Trading Standards, working with our other partners, have been really successful in following up and actually closing businesses that aren't conforming to the rules they should, and that's really quite heartening."

However, he added, "I've thought for some time that tobacco and vapes ought to be part of it. Even people selling on marketplaces and stuff like that have a responsibility."

"Fortunately, in Boston, we have many responsible vape retailers, but current licensing laws don't account for those who don't want to comply.

"I think the threat of stricter enforcement will make people toe the line, and it shouldn't have to be that way. People should be doing it for the right reasons."

Mark Keal, Head of Trading Standards at Lincolnshire County Council, informed members that there are ongoing discussions around the licensing of these products.

The suggestions follow similar ones in a national government report—The Khan Review: Making Smoking Obsolete—which were published last year and which the government has yet to act upon.

At the same time, MPs in Lincolnshire are continuing to campaign for the government to ban single-use or disposable vapes.

Caroline Johnson, MP for Sleaford, originally initiated the Disposable Electronic Cigarettes (Prohibition of Sale) debate in February, and this week it was supported by other MPs.

888 Vapour, a regional retailer with stores in Lincolnshire and Nottinghamshire, as well as Hull and Peterborough, is fully supportive of the idea of licensing for vape and tobacco retailers.

Director Callum Cherry said: "We're all for any licences because we want to be the people where you stop smoking and continue getting off that dirty habit."

The company has been proactive in establishing itself as a responsible retailer, focusing on preventing underage sales and promoting environmental sustainability.

He also discussed the company's innovative 'My Check' system, a technology that scans customers' faces to determine if they meet the age requirement for purchasing vape products.

"It's a really good bit of kit," Callum said. "It scans your face and gives you a red X or a green tick. A green tick means you're above the age of 25, and you can proceed with the purchase. It's 99.5% accurate."

The MyCheck system is part of 888 Vapour's Challenge 25 policy, which has always been in place at their stores. "It gives that backup to the staff to be able to do their job," Callum added.

888 Vapour is also committed to environmental sustainability. They provide 'Bar Bins' for the appropriate recycling of disposable vape devices.

"We don't care where people buy them from; they can drop them in for free at any of our stores, and we will pay for them to be disposed of correctly," Callum explained.

The company is part of Ecologi and has taken steps to offset its carbon footprint.

"We're doing everything we can in our power to fight any negativity and do the best thing we can for the environment," Callum said.

As a board member of the UK Vaping Industry Association (UKVIA), Callum is actively involved in shaping policies and standards. "We work with the UK government a lot on what we expect," he said.

888 Vapour aims to set an example for the industry. "We do things correctly," Callum emphasised. "There is positivity to vaping, not just negatives."

By implementing these policies and technologies, 888 Vapour hopes to contribute positively to the community and the industry at large.

Their efforts align well with the calls from councillors for stricter licensing and regulation, making them a standout example of responsible retailing in the vaping sector.