Contribution
My Lords, I will respond to this group of amendments concerning the proposed retail licence scheme for tobacco and nicotine products. We welcome the inclusion of a retail licensing scheme in this Bill. This is a significant and constructive addition to earlier versions. The proposal represents a major step forward in strengthening the regulation of tobacco and nicotine sales in the UK. It brings the sale of tobacco into line with established practice for alcohol. Tobacco, of course, remains the single most harmful product that is still readily available. It is the single biggest cause of preventable illness and early death in the United Kingdom. It therefore follows that the sale of these products should be subject to comparable regulatory oversight. Extending the oversight to vapes and other nicotine products will further assist trading standards in addressing non-compliant, unregistered and under-age sales. This combination of proportionate regulation and clear enforcement powers will help to protect both the public and responsible retailers from unscrupulous and illegal competition.
The principle underpinning this reform is simple: the right to sell products that carry health risks must come with clear responsibilities. We want a system that supports compliance, deters abuse and places public health at its heart. Amendment 21A, tabled by the noble Lord, Lord Kamall, and the noble Earl, Lord Howe, would ensure a minimum of a one-year gap between regulations being passed and coming into effect, allowing for a transition period. We entirely understand the wish to allow retailers, local authorities and other enforcement bodies adequate time to prepare for the new framework. Implementation must be orderly and practical. However, setting a fixed one-year time delay in primary legislation risks creating unnecessarily rigid constraints. Some elements of the scheme may be ready to begin earlier, while others might benefit from a longer period. The Government’s approach—to determine the precise timing through secondary legislation, informed by evidence gathered from those affected through consultation and negotiation—will ensure that that transition happens as smoothly and credibly as possible.
Turning to Amendments 23, 30, 43, 45, 114 and 115, I have listened carefully to the points made by the noble Earl, Lord Lindsay, regarding how existing specialist tobacconists should be treated within the new regime, including on transitional protection and possible exemptions. We acknowledge that the Government have already made some considerable steps in these areas, and we fully recognise the intention here: to try to give certainty to small specialist retailers who have operated responsibly and reasonably within the law for many years. However, these amendments would, in effect, enshrine grandfather rights in primary legislation, automatically conferring licences or permanent exemptions from any future limits on the number or distribution of these outlets throughout the United Kingdom and the devolved Administrations. That would effectively pre-empt the consultation process and remove discretion before any evidence has been gathered or assessed in any way.
It is important that all aspects of eligibility, transitional arrangements and the scope of any future caps or location-based controls are properly considered through consultation, considering not only the interests of existing traders but the wider objectives of public health, community protection and fair enforcement. Given that this applies to existing retailers, not new ones, it does seem that these points should be made within the consultation. We hope that the Minister intends to do that and is open and considerate to these small and normally very compliant retailers—a point that has been made several times. We imagine that the retail licensing scheme will differentiate between the different types of retailers; but given that all details have yet to be confirmed, these amendments feel premature to us.
Amendments 24 and 25 relate to national registers and a unified digital portal. Again, to us, it feels like these things will be necessary for any licensing scheme, and we therefore assume that these amendments are not necessary, but it would be helpful if the Minister could confirm that. On Amendments 31 and 44 and alcohol licences, we believe that this is already possible, but it would be useful if the Minister could confirm that.
I would like to pick up on one point that was made in the debate. It would be helpful if the Minister could say a word about how breaches made under one licence would be communicated and passed on to the people who are regulating the other licences, and how she feels these two licensing schemes would interact with each other, specifically where breaches have taken place.