Guidance on the use of fines, notices and other civil sanctions when enforcing the Environmental Protection (Single-use Vapes) (England) Regulations 2024
The criminal offence of supplying a single-use vape
If a person supplies in the course of a business, 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 and the coil (heating element) must be able to be replaced by the consumer. The government guidance to the regulations provides more detail on what each of these terms mean.
Supply includes giving such vapes away for free. 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 Stockton-on-Tees Borough 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, or using the penalties explained in this guidance.