The criminal offence of supplying a single-use vape
If a person, as a business, supplies a single-use vape they commit a criminal offence.
A single-use vape is a vape which is not intended to be re-used.
A legal vape must be refillable and rechargeable. The coil (heating element) must be able to be replaced by the consumer.
Further guidance on Single-use vapes ban: information for businesses is available on GOV.UK
Supply includes giving such vapes away. It is also an offence for a person to offer to supply such vapes or for a person to have them in their possession ready to supply.
In line with our enforcement policy, Cumberland Council may take legal action against a person who supplies, offers to supply or possesses for supply a single use vape.
Legal action may include, but is not limited to:
- prosecuting someone in the magistrates’ court,
- applying to review a premises licence under the Licensing Act 2003
- using the penalties explained in this guidance
The criminal offence of failing to comply with an enforcement requirement
If a person without reasonable excuse, fails to comply with any requirement imposed in the exercise of an enforcement officer’s powers or otherwise obstructs an enforcement officer in the exercise of powers under the Regulations, they are guilty of an offence.
In line with our enforcement policy, Cumberland Council may take legal action against a person who fails to comply with an enforcement requirement.
Legal action may include, but is not limited to, prosecuting someone in the magistrates’ court, applying to review a premises licence under the Licensing Act 2003 or using the penalties explained in this guidance.
Publication of Information About Enforcement Action
Where we use the penalties under these Regulations, we must from time to time publish details of the cases in which the penalties have been used.
Withdrawing or amending a notice
Penalties in the Regulations include the use of various notices.
The council may at any time withdraw a notice, reduce the amount of any penalty in a notice or change the steps in a notice required to ensure compliance. Where we do this, we will do so in writing.
Fixed monetary penalties and compliance notices
Where a person commits an offence under these regulations, Cumberland Council may issue a fixed penalty notice.
This is a fine issued by the council and is a penalty of £200.
Details of how to pay the fine are included in the notices.