Exclusive: Kent retailers selling illegal vapes still operating after seizures

Nearly 250 businesses had stock seized by Kent Trading Standards.  Oliver Leader de Saxe reports.

Transcript

00:00Cigarettes, vapes, nicotine pouches. They're everywhere on the streets of Kent and increasingly

00:08there are fears that the products being sold aren't meeting legal requirements. With Kent

00:15trading standards seizing illicit tobacco and nicotine products from nearly 250 businesses

00:23from across the county since January 2023. But despite hundreds of businesses selling

00:31products that flaunt regulations that keep consumers safe, not a single one has faced

00:39closure as a result.

00:42Everybody always asks us how many of you closed down. As an authority we don't have that power.

00:47If the new legislation were to provide something like that then we could deal with those harder

00:53retailers under one piece of legislation. So for us to go in, disrupt, to engage with

01:01the business, to get them compliant is a much better use of our time to actually ensure

01:09that that business is selling the correct product to the correct people. But you're

01:13right until that final action is taken that business can carry on.

01:18Kent trading standards told us they believed around 90% of businesses they seize products

01:23from are unintentionally breaking the rules. Pointing out that a local vape action pilot

01:30being undertaken in Tunbridge Wells has seen illegal vape sales drop since its launch last

01:37year after they worked with dozens of retailers to ensure they're meeting their legal obligations.

01:46Trading standards is the pointy end of the stick. So they're the ones who are going out

01:50and speaking to the retailers and businesses and assessing whether or not they're doing

01:56the right thing. And if they don't have the powers to issue substantial fines or more

02:05importantly to close down those retailers who aren't doing things properly then they

02:10definitely should have more powers to do that.

02:13There are plans in the works to empower these local regulatory bodies with the tobacco and

02:18vapes bill set to be voted on later this week. At the moment vapes are not a licensed product

02:25so no you cannot go in there on behalf of trading standards and you can't close these

02:30premises down. That is about to change in the new tobacco and vapes legislation but

02:35it won't be an immediate closure. There's going to be a series of steps taken if you

02:39are caught selling inappropriately or to a minor. But if businesses persist in breaking

02:46the rules that are going to be introduced it will lead to a loss of licence which means

02:50you won't be able to sell the product.

02:52But with so many businesses selling illegal nicotine products, intentionally or not, working

03:00with retailers is one of the only solutions available for the immediate future, even for

03:09repeat offenders. Oliver Leader, The Sacks, for KMTV.