MOTION ON VAPE SALES TO CHILDREN.
Taking Action on Vape Sales to Children
Notice of Motion Motion received in terms of Standing Order No 20 on 5 November 2024, proposed by Councillor Elise Frame, seconded by Councillor Cal Johnston-Dempsey, as follows:-
“Council notes the recent publication of an article on our South Lanarkshire View website regarding the sale of disposable vape products to those under the age of 18. Council expresses disappointment that more than one third of retailers we tested were found to have sold vapes to people under the age of 18.
Council further notes, and condemns, the fact that, when these retailers were re-tested, a quarter were found to still be breaking the law.
Council notes that our Trading Standards Officers have fined those retailers breaking this law £200 (£150 if paid within 14 days) but is discouraged that a quarter of retails continued to sell disposable vapes to children and young people.
Council believes that this indicates that rogue retailers are factoring the fine risk into the cost of doing business.
Council welcomes the potential complete ban of disposable vape products, which is being discussed at a UK level, and notes a previous motion passed in this chamber calling on such a ban. Until this national ban comes into effect, Council recognises that more must be done on a local level.
Council agrees:
1. That Trading Standards will continue to test retailers and, where practicable, will increase how many outlets are tested.
2. That existing confidential processes for members of the public to report retailers selling nicotine products to minors – via phone, web form and email – will be better promoted and publicised through the council’s various communications channels.
3. Where a premises is found to have sold nicotine products to people under the age of 18, Trading Standards will continue to liaise with the Licensing Team to consider where further action might be appropriate, including; a. The possibility of seeking an order in the Sheriff Court prohibiting the sale of nicotine products by that vendor. b. The possibility of reviewing a relevant licence held by the seller, issued by this Council/the Licensing Board for the provision of age-restricted goods or services, for example; the sale of alcohol, skin piercing, tattooing, fireworks, gaming, knife dealer, sex shop, cinema, sunbed, and the like.
Council thanks Trading Standards, and their youth volunteers, for the work they have already carried out on this issue.”
SPEECH IN PROPOSAL OF MOTION
Last year I seconded a motion in this chamber to ask our chief exec to write to both Holyrood and Westminster. This was urging them to consider a ban on disposable vape products. At that time, this was about as much as this councils’ powers covered. Today, We, as a council, can do so much more. We can make changes to make it more difficult for those under the age of 18 to purchase such vapes.
I am pleased that Trading Standards have been conducting test purchases and I thank them, and especially the youth volunteers for doing this.
However, I am disheartened that some retailers failed to adhere to the law. Even worse is that during a re-test, certain retailers still failed to adhere to the law. This just doesn’t sit well with me, and I’m sure many of you will agree.
Every day we see the issues that arise due to the increased use of disposable vapes. These are now the new “fad” and as we know, are especially appealing to our youth population. These products are creating a new generation of addicts, and certain shops are complicit in this. The fact is, we don’t know what damage these can cause to anyone, never mind those whose bodies are still developing.
I am fully aware that increasing test purchases, re-testing, and potentially increasing the number of reports that will take place, will have an increase admin attached to it. But we can’t fail our constituents, the very people who voted us into this position.
Whilst we wait on both national governments implementing a ban, I am calling on this council to step up and do more than current guidelines suggest. It is to be assumed that some retailers tested aren’t too bothered about getting a fixed penalty fine, so long as they can continue selling these vapes. That is why I am urging you to stand with me today in tightening the rules we have in place so that retailers know they can’t keep flouting the laws and rules. I hope you will back this motion today.
Thank you.