New age of sale regulations could present major challenges for retailers, BRC warns MPs

The implementation of new age-of-sale regulations under the Tobacco and Vapes Bill could present significant hurdles for retailers, according to Inga Becker-Hansen, policy adviser for retail products at the British Retail Consortium (BRC).

Speaking before a House of Commons committee on Tuesday, Becker-Hansen outlined the complexities of enforcing a rolling age limit for tobacco and vape products, as well as concerns about staff training, licensing schemes, and advertising restrictions.

One of the central issues identified by Becker-Hansen is the rolling age limit, a key provision aimed at creating a “smoke-free generation.” She noted that while current rules are straightforward - with a fixed age of sale for tobacco and alcohol products - the rolling age limit could introduce operational difficulties.

“At this point, it is quite identifiable, with those under the regulation being 15,” she explained. “But in 30 years’ time, if you have someone who is 45 versus 44 from the date of January 2009, it may lead to ID for each sale of a given product. This will eventually lead to potential issues.”

Becker-Hansen highlighted that points of sale are often flashpoints for violence and abuse against retail workers, raising concerns about the practical implementation of the regulations. “It is a real concern for retailers that that could be an issue in the future,” she said.

To mitigate these challenges, the BRC is advocating for the use of digital ID systems, which are already being promoted by the Department for Business and Trade for alcohol sales. “A digital ID could possibly make things easier,” she suggested, adding that it could streamline age verification processes for both retailers and consumers.

Licensing scheme

The introduction of a licensing scheme for tobacco and vape products also drew attention, particularly regarding its impact on smaller retailers. Becker-Hansen expressed concerns about the administrative and financial burdens such a scheme could impose.

“Smaller retailers may not have as much capacity with regard to the licensing scheme,” she noted. “It is quite difficult to comment on it at this point, because we do not know the full detail.”

“We would also like to highlight that if the licensing scheme were to follow something such as the tobacco licensing scheme—the idea that licensing authorities could approve or deny certain applications—that could affect long-standing, established, compliant retailers, and that could lead to a loss of revenue for them,” she added.

Additionally, she warned against requiring individual premises licenses for multi-site retailers, citing potential inconsistencies that could affect customer confidence. “If individual licenses had to be applied for, that could lead to divergence across a retail brand, and that affects your overall public retail image for customers,” she explained.

She reiterated the need for clear guidelines and consistent regulations, suggesting that a unified licensing scheme bundling tobacco, alcohol, and vapes could reduce costs and complexity.

“Adding on an additional licensing scheme with additional costs and a separate administrative system makes it more difficult for retailers to handle those things at the same time, particularly smaller retailers and independents,” she said.

“We would also encourage alignment across the regulations in terms of new regulations coming through, such as secondary legislation on the licensing scheme,” she said, calling for ongoing consultation with the industry.

Advertising and recycling challenges

Restrictions on the advertisement, display, and flavours of e-cigarettes also present challenges for retailers, Becker-Hansen revealed.

“Some of the challenges with the restrictions on advertising will be at the point of sale of products for some retailers,” she said.

She also highlighted concerns about how recycling schemes for vapes could be implemented - if they cannot be advertised under the new restrictions.

A robust public awareness campaign is essential to the successful implementation of the Bill, Becker-Hansen argued. “A public awareness campaign would hopefully reduce any potential violence against or abuse of retail workers,” she said.

The Tobacco and Vapes bill is currently at the committee stage in the House of Commons. Witnesses who provided evidence on Tuesday included chief medical officers for the four nations, along with the representatives from health charities, trading standards experts, academic experts and representatives from Royal Colleges.

Becker-Hansen was the only representative from the retail sector at the session, inviting criticism for the lack of industry and consumer representation at the hearings.