Tobacco and Vape Bill is “highly confusing, unenforceable and unfair”, feel independent retailers who are calling on the government to take better and uncomplicated ways forward like simply raising the legal buying age and licensing of tobacco-selling shops.
Most independent retailers feel Tobacco and Vapes Bill, if it comes into effect, will have profound consequences and long-term deep impact on businesses as the stores will be exposed to confusing legal hassles as well as public anger.
Under current law, it is illegal for anyone under the age of 18 to buy tobacco products, but under the new Tobacco and Vapes Bill, children who are turning 15 this year, or anyone younger, would never be able to legally buy tobacco as the bill would make it an offence anywhere in the UK to sell tobacco products to anyone born on or after Jan 1 2009.
Backers of the legislation, including Prime Minister Rishi Sunak, say the aim is to create the UK's "first smoke-free generation."
The Smokefree Generation policy will come into force in 2027 when current 15-year-olds turn 18. In other words, post 2027, the age of sale will have to be raised by one year each year to prevent future generations from ever taking up smoking.
Superficially, the bill sounds like a perfect plan, but it has confusing layers and is expected to become a huge challenge for local stores with limited means, a major share of whose footfall and sales come from this category.
Unenforceable
Independent retailers are clueless at the moment at how they are going to enforce this regulation (if they have to), thanks to its sheer confusing and constantly-shifting timelines.
Owner of BB Nevison Superstore and Post Office in Pontefract, retailer Bobby Singh, feels that the legislation is “not practical and is totally unfair”.
“I personally do not smoke and feel education is the key to health awareness,” he told Asian Trader.
Scotland-based retailer Girish Jeeva who runs two stores around Glasgow, said, “I am not sure how the system will be placed and how difficult it will be when it comes to selling tobacco products. It seems unfair and very complicated.”
Retailer Nishi Patel, owner of Dartford’s Londis Bexley Park store, said, “I am a third generation shopkeeper. We always had tobacco products in the store. It's like cornerstone of a corner shop.
“Honestly, at the moment, we don't really know how we're going to implement this new law. I am not sure if the government is going to support us or give us grants for any age-recognition software.
“A lot of retailers are not happy with this bill because it is complicated and does not help us in any way at all.
Retailer Nishi Patel
“I am young so I will eventually work it out and get my staff trained to allow us to be able to enforce it. But I know a lot of other elderly shopkeepers who are saying that they will be forced to sell their businesses because it is too much legislation complexity for them to handle,” he told Asian Trader.
The bill will see that post-2027, every year, the legal minimum age of buying tobacco will be raised by one year, implying a few years down the line, a retailer and his staff will be held responsible if he is not able to prohibit sales to 36-year-olds while granting the same to 37-year-olds, thus creating a breeding ground for conflict with customers.
Stores are already reeling under record crime rates and abuse levels, as reflected by wider industry reports. The 2024 Crime Report by Association of Convenience Stores (ACS), released in early March revealed that an overwhelming majority (87 per cent) of people working in convenience stores have faced verbal abuse over the last year with "enforcing the law on age restricted sales” as top triggers for abuse.
The proposed legislation of generational smoking ban will further require retailers to decline sales to otherwise some fully-grown adults (but who can buy alcohol!), thus creating conflicting situations.
Retailer Eugene Diamond, owner of Diamond’s in Ballymena, said, “I asked a youngster to behave in the shop yesterday afternoon he’d been lifting and throwing products. His language and thoughts about me in reply was unbelievable. I can’t imagine what his reaction will be when he is 20 and refused cigarettes. I see that as a big problem.”
Patel too expects steep rise in cases of conflict and abuse from shoppers.
He said, “We are going to probably have increased problems in the shop from antisocial behavior. There is a cliché too that we talked about in Parliament too that someone could be born on the last month of December 2008 and his friend is just a month younger as he is born in January 2009. In this case, former would be able to buy tobacco while his friend would not!
“We are definitely going to have ugly issues in store as we are the ones who would be facing the shoppers and denying them sales, thus facing their rage and not the government,” he told Asian Trader.
Black market and loophole
Sadly, illegal trade of cigarettes and tobacco products is not new in the country. The trade, its logistics and supply chain exist and is flourishing already, as reflected by regular media and councils’ reports. Such a ban will only further boost underground trade.
Association of Convenience Stores chief James Lowman also stated that rogue sellers, who are supplying dodgy products to anyone who wants them, are operating without fear of reproach from Trading Standards teams that are already stretched beyond their limits.
“What we need is a coherent strategy focused on enforcing the rules that we already have and providing enforcement teams with enough resources to be able to do their jobs properly. New regulations that only affect responsible retailers will do nothing to deter the criminals that are importing and selling illicit products,” he said.
Retailer Patel feels the new legislation is more like a self-sabotage.
He said, “The government is going to lose out on revenue that tobacco makes. However, the market will be pushed into the black market more than it ever has been and the government is not going to get any revenue from there.
“Since tobacco sales will go down every passing year, money generated from tobacco will also go down. It looks like the government is putting themselves in a really big hole. The illicit trade is going to go up, which means they're not getting the taxes from it.”
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What about the retailers buying tobacco from wholesalers for their stores? What rules will apply to them?
Sometime in future, let’s say in 2040, can a retailer (born after 2009) buy cigarettes and tobacco to stock in his store for his client base (pre-existing smokers born before 2009) or will the wholesaler be criminalised in this scenario?
Federation of Wholesale Distributors (FWD) is seeking clarity from the government and is yet to hear on this matter.
James Bielby, Chief Executive of FWD, said, “There must be an exemption to allow retailers to purchase tobacco from their wholesalers, whatever their age. There is a precedent for a wholesale exemption on displays and packaging – both of which are permitted in wholesale depots. These successes on tobacco policy, won by FWD, need to be replicated in the legislation.”
The wholesale body is also concerned over potential increase in the illicit trade.
“This policy must not lead to an increase in the illicit market controlled by organised crime gangs, hitting our members’ legitimate sales, tax revenues, and driving unregulated youth access to tobacco,” he added.
Better ways forward
Anti-smoking rules in the UK are among Europe’s strictest, with only Sweden having tougher regulations. The country already has the continent’s second-lowest smoking rates owing to some of the toughest laws and highest taxes on cigarettes in Europe and it has been slowly winning the war over smoking organically with the correct shift in mindset.
Based on APS data, the proportion of smokers in the UK in 2022 was 12.9 per cent, or 6.4 million people. This is a decrease from 2021 (13.3 per cent) and a considerable decrease in current smokers compared with 2011 (20.2 per cent). Comparing with peers, in France and Germany, smoking rate is 33.4 per cent and 22 per cent, while in Bulgaria, it is 39 per cent.
Demand for cigarettes fell by 54.3 per cent between 2010 from 38.3 packs/capita and 2022 to 17 packs/capita, according to analysis Smokefree World based on annual Population Survey data from the Office for National Statistics.
So, the question arises is do we even need a ban of such complexity and scale?
Retailer Patel feels that Sunak is seemingly only focused to be “remembered for bringing in generational smoking ban and thus saving future of the UK from cigarettes”.
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“Truth is some people are still going to smoke; there is no way that a whole generation cannot be smoking. He (Sunak) is not being practical. And as a human, we don't make choices for people who are old enough to make their own decisions. This generational smoking ban is nothing but just another red tape that we're going to deal with,” the retailer said.
New Zealand, whose policy reportedly inspired Sunak to introduce similar smoking restrictions in the UK, has scrapped its landmark smoking in November last year, even before it fully came into effect. Scrapping the plan, New Zealand Prime Minister Christopher Luxon stated that the ban would have created "an opportunity for a black market to emerge, which would be largely untaxed.
Many retailers also believe that the government does not have the required funding or resources to police a generational ban of such a scale.
Retailers are calling on the government to consider better ways forward like increasing the legal age and licensing the tobacco shops.
Patel added, “Why don't they move the age of smoking to 21? And why don't they license every tobacco shop? That way, they cans still generate some money as well as some control on the market and a check on underage sales. Instead of doing a complete blanket ban, the government is bringing this generational thing which is so confusing.
“Training standards are already under massive budgetary crisis, they don't have enough money nor people on the floor to check each shop. Whereas if they license tobacco-selling shops, they will have some funds to go into the Trading Standards.”
The idea that one should not smoke, or smoking is injurious, should be inculcated at home, school and in society and not from a neighborhood shop owner. It seems like government, authorities, charities, schools and even parents are somewhere failing to bring awareness in young people and are trying to pass the buck on stores through this confusing law, disproportionately criminalising them in the process.
Clearly, the onus of making the UK “smoke-free” seems to be unfairly falling entirely and solely on the shoulders of retailers!
Britvic, the soft drinks manufacturer set to be acquired by Carlsberg, has posted robust annual results after investment in marketing and product innovation helped it maintain demand for its brands.
Over the year to Sept 30, the company’s pre-tax profits climbed 10.5 per cent to £173.2 million despite a £21.3m hit related to the proposed Carlsberg deal. Britvic stated that its growth was driven by both volume and price-mix, with strong demand for brands such as Pepsi, Tango, Lipton, MiWadi and Ballygowan.
The group noted that scaling up new brands such as Plenish, Jimmy’s, Aqua Libra, and London Essence helped it build its presence in fast-growing categories. Meanwhile, it increased advertising and promotional (A&P) spend by 30.9 per cent to “support long-term brand growth”.
Volumes grew 3.1 per cent, driven by both organic growth and the acquisitions of the Extra Power and Jimmy’s brands.
Chief Executive Simon Litherland said, “We have delivered another excellent financial performance this year, with strong growth across our markets and portfolio of market-leading brands. We have also continued to ensure the business is fit for the future, adding more capacity, investing in our people, and significantly increasing investment in marketing and innovation.
“I am confident that the prospects for our brands and people are extremely positive, and I look forward to them going from strength to strength,” concluded Litherland.
Subject to approval by the regulatory authorities, the £3.3bn acquisition of Britvic by Carlsberg is expected to be completed in the first quarter of 2025.
The Metropolitan Police has identified two new suspects in its investigation into possible criminal offences as part of the Post Office Horizon scandal. This takes the total number of individuals to four as the force also revealed it believes more suspects will be identified as the inquiry progresses.
Scotland Yard said members of the investigation team met with Sir Alan Bates, the leading Post Office campaigner, and fellow victims to update them on the development.
A Met spokesman said: “On Sunday Nov 17, members of the investigating team met with Sir Alan Bates and a number of affected sub-postmasters to provide an update on our progress and next steps, following an invitation to do so.
“Our investigation team, comprising of officers from forces across the UK, is now in place and we will be sharing further details in due course. The team is preparing to contact other affected sub-postmasters soon. While four suspects have been formally identified at this stage, this number will grow as the investigation progresses.”
However, Sir Mark Rowley, the Met Commissioner, has warned it could be years before anyone faces charges because of the “tens of millions of documents” that must be worked through.
Speaking previously on the matter, he said, “I think at the core of this you’ve potentially got fraud, in terms of false documents, if it’s for financial purposes.
“Clearly, we have to prove beyond all reasonable doubt, so really it’s 99.9 per cent, that individuals knowingly corrupted something. So that’s going way beyond incompetence, you have to prove deliberate malice, and that has to be done very thoroughly with an exhaustive investigation.
“So it won’t be quick. But the police service across the country are alive to this and we will do everything we can do to bring people to justice if criminal offences can be proven.”
More than 900 sub-postmasters were wrongfully prosecuted between 1999 and 2015 as a result of the Horizon scandal, in which the faulty computer software incorrectly recorded shortfalls on their accounts. Of these, hundreds of people are still awaiting compensation despite the previous government announcing that those who had convictions quashed were eligible for payouts of £600,000.
Oral evidence at the Post Office inquiry concluded this month.
New research by American Express Shop Small reveals the nation’s top 10 hotspots for independent shops, showcasing the small businesses and the valuable role they plan in their local communities.
American Express partnered with retail experts GlobalData to identify the top high streets for independent shops through ranking factors such as the number of independent outlets, variety of business types, and vibrancy of the high street.
The list also took into consideration the number of Gen Z and Millennial independent business owners (those aged between 18-43) in each location, factoring in how these younger generations are investing in the future success of UK high streets. Across the top 10 hotspots, on average over a third (36 per cent) of all business owners are in these age cohorts.
The research identified bustling St Mary’s Street in Stamford, Lincolnshire, as Britain’s top hotspot for independent shops – scoring highly across all the factors and delivering a unique experience for shoppers.
Britain’s top high street hotspots for independent shops:
St Mary’s Street, Stamford, Lincolnshire
Devonshire Street / Division Street, Sheffield, Yorkshire
Gloucester Road, Bristol
Market Street / Bridge Gate, Hebden Bridge, Yorkshire
Stoke Newington Church Street, Hackney, London
High Street, Narberth, Pembrokeshire
Oldham Street, Manchester, Greater Manchester
Bailgate, Lincoln, Lincolnshire
Byres Road, Glasgow
The Lanes, Norwich, Norfolk
Beyond their contribution to local communities, the research also revealed how living near a vibrant independent high street can benefit home valuations.
Dan Edelman, general manager, Merchant Services at American Express, said, “Small businesses play a crucial role in supporting local economies up and down the country, and it’s pleasing to now see their impact beyond the high street. Through our Shop Small campaign and support of Small Business Saturday we’re proud to be championing and shining a spotlight on the diverse and vibrant independent businesses who help our local communities thrive.”
The research is released ahead of this year’s Small Business Saturday (Dec 7), of which American Express is founder and principal supporter. Small Business Saturday is the UK’s most successful small business campaign. Over the years it has been running, it has engaged millions of people and seen billions of pounds spent with small businesses across the UK on the day, with an impact that lasts all year round.
Michelle Ovens, director of Small Business Saturday, said, “The nation’s 5.5 million small businesses bring incredible value to the UK’s economy, society and communities, and this research underlines the material impact they have in boosting local areas. On Small Business Saturday, and beyond, we are asking the nation to throw their arms around their favourite local small businesses and show them how much they mean to us all and the wider community. Public support is so vital for small businesses, particularly for the next generation of owners.”
Matt Piner, research director at GlobalData, commented on the findings, “Independent shops bring something different to high streets, offering uniqueness and propositions that are finely tuned to the needs of their local communities. As younger generations of shoppers are attracted to their local high streets, so too are shop owners, with a new breed of Gen Z and Millennial entrepreneurs helping to keep them thriving.”
As part of this year’s Shop Small campaign, American Express has pledged £100,000 worth of grants to small businesses. The Champion Small initiative encourages Cardmembers to nominate their favourite independent small business, with 10 set to receive a £10,000 grant. Those who nominate a business will be entered into a prize draw too, with a chance to win one of 50 x £1,000 statement credits.
Shoppers who walk and wheel spend more than those arriving by car, states a recent report, demonstrating the significant economic and social benefits of investing in walkable town centres, challenging traditional views on urban accessibility.
The findings published in third edition of "The Pedestrian Pound Report", recently published by Living Streets, the UK charity for everyday walking, come at a critical juncture for British high streets, with a record number of retail failures in 2022 and a vacancy rate of nearly one in seven by the end of 2023.
The launch of the report is backed by Scotland’s national walking charity, Paths for All, underscoring the need to make walking a central feature of Scotland’s high streets.
“Making high streets and town centres more walkable increases time – and money – spent in those businesses,” says Catherine Woodhead, Chief Executive of Living Streets. “It’s slowly being recognised – the majority (95 per cent) of London’s Business Improvement Districts identify a good walking environment as important to business performance.”
The report highlights encouraging data from Scottish towns, such as Nairn, where public space improvements and community events have significantly bolstered foot traffic. In 2022, a Christmas event in the town drew 7,800 attendees, including 600 new visitors, while a classic car show in 2023 attracted over 10,000, with 80 per cent saying they would return even outside of events.
Kevin Lafferty, Chief Executive of Paths for All, emphasised the broader benefits, “These findings show that when we put people first and make walking and wheeling the easiest, most natural choices, we don’t just get an economic boost – we build communities that are happier, healthier, and more sustainable for everyone.”
The report highlights that 85 per cent of Scottish adults walk or wheel regularly, contributing to both economic and health benefits.
In Scotland alone, the health benefits from walking to work are valued at over £600 million annually in prevented deaths. Community-focused initiatives, such as the Alloa Hub, are proving successful in encouraging residents to travel into town centres, with research showing that 56p of every £1 spent in community businesses stays in the local economy.
The report is timely, with investment in active and sustainable transport cut by £23.7 million by the Scottish Government this September. The Pedestrian Pound provides an excellent case for these vital funds to be restored.
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Home secretary Yvette Cooper speaking at the annual conference hosted by the NPCC and APCC on 19 November 2024
Home secretary Yvette Cooper has announced plans to rebuild neighbourhood policing and combat surging shop theft as part of an ambitious programme of reform to policing.
In her first major speech at the annual conference hosted by the National Police Chiefs’ Council and Association of Police and Crime Commissioners on Tuesday, Cooper highlighted four of the key areas for reform: neighbourhood policing, police performance, structures and capabilities, crime prevention.
The initiatives she announced include:
a Neighbourhood Policing Guarantee to get policing back to basics and rebuild trust between local forces and the communities they serve
a new Police Performance Unit to track national data on local performance and drive up standards
a new National Centre of Policing to harness new technology and forensics, making sure policing is better equipped to meet the changing nature of crime
The home secretary also announced more than half a billion pounds of additional central government funding for policing next year to support the government’s Safer Streets Mission, including an increase in the core grant for police forces, and extra resources for neighbourhood policing, the NCA and counter-terrorism.
In her speech, Cooper said that without a major overhaul to increase public confidence, the British tradition of policing by consent will be in peril.
“I am determined that neighbourhood policing must be rebuilt,” she said, pointing to its decline over the past decade. Cuts to community-based roles have left town centres vulnerable to rising crime and antisocial behaviour, she added.
“Shop theft is up at a record high, street theft is up 40 per cent in a year… Criminals – often organised gangs – are just getting away with it. We cannot stand for this,” she said.
Cooper reiterated the government’s commitment to deliver an additional 13,000 police officers, PCSOs and special constables in neighbourhood policing roles, adding that further steps will be announced in the coming weeks.
The reforms will restore community patrols with a Neighbourhood Policing Guarantee and an enhanced role for Police and Crime Commissioners to prevent crime. The changes will also ensure that policing has the national capabilities it needs to fight fast-changing, complex crimes which cut across police force boundaries.
“The challenge of rebuilding public confidence is a shared one for government and policing. This is an opportunity for a fundamental reset in that relationship, and together we will embark on this roadmap for reform to regain the trust and support of the people we all serve and to reinvigorate the best of policing,” Cooper said.