A third of South Lanarkshire retailers failed a test purchasing exercise by selling harmful vapes to underage kids.
During 2023/2024, officers and young volunteers visited 125 premises across South Lanarkshire to test if the retailers would comply with age restrictions applying to the sale of nicotine vapour products.
Consumer and Trading Standards had noted a significant increase in the number of complaints from members of the public, head teachers, elected members and Police Scotland relating to the sale of single use vapes to children in 2022/2023. The rapid increase in the number of complaints received warranted test purchase exercises.
On 44 occasions the underage volunteers were sold a vape – a 33 per cent failure rate.
Retailers who made the underage sales were issued with a fixed penalty notice.
Consumer and Trading Standards Officers also found at 11 premises, repeat underage sales took place, despite the retailer being issued with a fixed penalty notice earlier in the year.
David Booth, Executive Director of Community and Enterprise Resources at South Lanarkshire Council, said: “The level of repeat sale of vapes to underage volunteers last year was very disappointing and would appear to reflect a disregard for the legislation by some retailers.
“Consumer and Trading Standards will therefore continue to undertake test purchase exercises in the programme of enforcement in 2024/2025. If the programme of enforcement in 2024/2025 finds repeat offences are still occurring, then consideration will be given to escalating the enforcement action, including submitting a report to the Procurator Fiscal.
“Many retailers hold a range of licences in relation to the goods they sell and Environmental Services are consulted on licence applications. If a business is found to persistently sell age restricted products to underage age customers, this noncompliance will be reported to the Licensing Section to consider how the continued non-compliance should be viewed in relation to the retailer’s suitability to hold the licence.”
The Scottish Government is proposing to ban the sale of single use vapes due to their detrimental impact on the environment as they are so difficult to recycle. It is estimated 2.7 million vapes were littered last year.
Under the Tobacco and Primary Medical Services (Scotland) Act 2010 in relation to age restricted sales, it is a criminal offence for a businesses to sell vapes to anyone under the age of 18 years. If a business sells a vape to a child, then they can be issued with a £200 fixed penalty notice.
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