Decision details

i. The revised Trading Standards Enforcement Policy is adopted;
ii. the use of fixed penalty notices for prescribed tobacco products and vapes offences is approved
iii. the use of alternative enforcement approaches by the Trading Standards service and the National Trading Standards e-Crime Team is approved.

The revised Trading Standards Enforcement Policy sets out an updated clear, consistent, and transparent framework for the service to undertake enforcement activities. It aims to ensure that enforcement is carried out in a fair, proportionate, and effective manner, supporting compliance, protecting public interests, and promoting community confidence in the trading standards service.

The revisions to the policy take account of new legislation which the service has a statutory duty to enforce. As such there is no alternative but to incorporate those changes to set the tobacco fixed penalties at the prescribed statutory level. The alternative enforcement approach developed by the National Trading Standards e-Crime Team is an innovative and effective approach to a novel problem which cannot be addressed by traditional means as perpetrators are almost always based overseas. The protocol itself adopts a two stage approach, beginning with informal advice which gives the business an opportunity to comply with requirements and so avoid takedown action.