Guidance on the use of fines, notices and other civil sanctions when enforcing the Environmental Protection (Single-use Vapes) (England) Regulations 2024

Where a person commits an offence under these regulations, Stockton-on-Tees Borough Council may issue a fixed penalty notice. This is a fine issued by the Council and is a penalty of £200. Details of how to pay the fine are included in the notice.

When will we issue a fine?

Unless there are aggravating circumstances, we may issue a penalty where there is evidence to show that a person has committed an offence under these regulations, even if it is their first offence.

Where there are aggravating circumstances we might take other action, even for a first offence. Examples of aggravating circumstances would include the supply of a single-use vape to a child or if someone commits a second offence or where a person is in possession of a large quantity of single-use vapes.

We will not issue a fine where a business can show it has taken all reasonable steps to avoid committing an offence. We will not issue a fine where we have issued a compliance notice, and the business have caried out the tasks detailed in that notice. 

When will we issue a compliance notice?

This is a notice that we may issue to a person telling them what action they must take to ensure that no further offences are committed. The notice will tell the person how long they have to comply with our instructions. A compliance notice will be used where the authority considers it the most appropriate way to ensure further offences are not committed. Failure to comply with a notice will lead to a person being issued with a fine or the authority may take legal proceedings against them.

Notice of intent

If we are considering issuing a fine or a compliance notice on a person we must issue them with a notice of intent. This tells the person what action we propose to take and why we intend to take it. The notice must include either the value of the fine or the details of the action we require the business to take.

A person who is given a notice of intent may offer to put right any damage or compensate another person who has been affected by the offence. This is known as a third-party undertaking. Stockton-on-Tees Borough Council will consider whether to accept any offer of such an undertaking on a case-by-case basis. We must consider any third-party undertakings made before we issue any final notices.

Rights to make representations and objections

A person who is issued with a notice of intent has 28 days to make any objections or representations. These should be made in writing to The Trading Standards Manager, c/o Dunedin House, Columbia Drive, Thornaby, Stockton-on-Tees, TS17 6BJ or by emailing trading.standards@stockton.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 of intent.

Final notice

28 days after we issue the notice of intent, and having considered any objections or representations, we must decide whether or not to issue the fine or compliance notice. The notice will include the grounds for imposing the penalty, the amount to be paid, how payment may be made and the period within which payment must be made. It will also include how to appeal and the consequences of failing to pay the fine or comply with the notice.

Right to appeal

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

Failure to pay the fine or to take the action detailed in the compliance notice will result in consideration of further action. Details of how to pay a fine are detailed in the final notice.