West Lothian councillors have heard that more than a dozen stores have been fined over vapes and tobacco sales in the last year.
Local authorities are facing growing demands for stricter rules around vape sales in the wake of the disastrous fire in Glasgow earlier this year.
And following a fire in a bin lorry in Edinburgh thought to have been triggered by faulty lithium batteries, trading standards staff say the problem lies with the lack of legislation.
Malcolm Craig, West Lothian’s trading standards manager, gave the Community Safety Board a rundown of the wide-ranging work of his department, including the monitoring of tobacco and vape sales.
Traders can be fined £400 through Fixed Penalty Notices for breaking rules around the sale of tobacco or vapes to underage buyers and trading standards staff carry out ongoing monitoring of stores.
A total of 13 fixed penalties were issued to businesses in West Lothian under the Tobacco and Primary Services (Scotland) Act 2010 for the following contraventions: –
- 7 were for underage sales (i.e under 18)
- 3 were failing to operate an age verification policy
- 2 were for failing to be registered with the Scottish Government national database to sell tobacco and vaping products
- 1 was issued for displaying tobacco or smoking related products where the premises sell tobacco.
A presentation to councillors described “big problems” around vape sales to the underaged. The nature of the product- the bright colours and huge range of often sweet flavours- make them popular with minors.
Around 300 visits are planned in this financial year along with test purchases by volunteers. Trading Standards will offer advice on safety and legal sales to businesses.
Councillors’ main concerns are around the safety of vapes.
Depute council leader Councillor Susan Manion raised the Glasgow fire thought to have originated in a vape store in Union Street earlier this year.
Mr Craig said he understood that the source of the fire had been electrical but added: “There is not any legislation that governs the storage of vapes so that doesn’t help. There probably needs to be legislation that would stipulate about the storage of vapes.
Council Leader Lawrence Fitzpatrick highlighted the bin lorry fire and said in most cases stores selling vapes should accept them back for recycling, but he added: “There just doesn’t seem to be any clarity or law as to what one should do.
Mr Craig said: “I believe that education and publicity need to be improved.”
Councillors have already been told that local authorities have little control over vape sales and outlets beyond ensuring the products meet manufacturing standards and control of sale to minors.
There is no legislation around planning regulations governing where stores are and how they are managed as the businesses have grown quickly in high streets around the county in the last few years.
Vapes are powered by lithium-ion batteries which have already been responsible for fires in waste depots.
By Stuart Sommerville, Local Democracy Reporter
