Single-use vapes

Single-use vapes are now banned.

A single-use vape is one you throw away after using. These are also called disposable vapes.

Vapes you can use:

• Vapes you can refill with liquid
• Vapes you can recharge
• Vapes where you can replace the heating part

Breaking the law

It is against the law to:

• Keep single-use vapes in your shop ready to sell
• Sell single-use vapes
• Give away single-use vapes for free
• Offer to sell single-use vapes

Reading Borough Council take this very seriously and take a zero-tolerance approach. The action we take could be prosecuting the person in magistrates’ court, applying to review a premises licence, issuing a fixed penalty fine of £200 or issuing a compliance notice.

Notice of intent

If we are going to issue a fine or a compliance notice on a person, we must issue them with a notice of intent. This notice gives details of the action we intend to take and why we are issuing it.

A person issued with a notice of intent has 28 days to make objections or representation. These should be made in writing to consumerprotection@reading.gov.uk. In the case of a fine, a person can clear their liability by paying £100 within 28 days of the issue of the notice.

Final notice

After 28 days we will decide whether or not to issue the fine or compliance notice.

Right to appeal

The person receiving the final notice may appeal if they think we made an error in facts, we didn’t apply the law properly or that our decision was unreasonable. You should appeal a final decision in writing to The First Tier Tribunal General Regulatory Chamber.

Stop notices

We may serve a stop notice on any person if we think they are causing, or may cause, serious harm to the environment. The notice must explain the steps needed to remove or reduce the harm or risk of harm to the environment. It must also explain why we’ve issued the notice, how the person can appeal and what will happen if they don’t comply with the notice.

Failure to comply with a stop notice is a criminal offence that can carry a sentence of up to 2 years in prison.

Once we are satisfied the person issued with a stop notice has taken the steps given in the notice, we will issue a ‘completion certificate’. This means the stop notice has ended. A person issued with a stop notice can ask for a completion certificate at any time – we must decide whether to issue one within 14 days.

Types of civil sanctions – enforcement guide

Sanction: Fixed Monetary Penalties (FMPs)

Type: Typically used for low-level offences – £200
When to use: First-time offence/previous advice provided
How to use: Letter of intent NOTICE ISSUE after 28 days
Risk assessment: Low (very few on display)
Seizure: No

Breaches of FMPs – cannot be convicted

Sanction: Compliance notices

Type: Include deadlines and monitoring requirements
When to use: If advice provided and previous history of non-compliance
How to use: Letter of intent NOTICE ISSUE after 28 days
Risk assessment: Low-Medium
Seizure: No
Recovery costs if failed to comply: Enforcement recovery cost

Breaches of CNs – criminal proceedings in CNs are accepted by the person/body. Can impose monetary penalty.

Sanction: Stop notices

Type: Used where there is a risk of serious environmental harm
Risk assessment: High
Seizure: Yes
Recovery costs if failed to comply: Prosecution

Breaches of SNs – imprisonment for a term not exceeding two years, or a fine, or both – magistrates court.

Sanction: Enforcement undertakings

Type: Can include compensation or community benefit actions
Risk assessment: Medium – High
Seizure: Decision to be taken on the circumstances
Recovery costs if failed to comply: Enforcement recovery cost

Breaches of EUs – can impose monetary penalty.

More information

Email: consumerprotection@reading.gov.uk

Address: Trading Standards, Civic Offices, Bridge Street, Reading RG1 2LU