The vape industry has broadly welcomed the government’s plans to give councils greater control over new vape shops, but has warned that planning permission alone will not tackle rogue operators already trading.
The Independent British Vape Trade Association (IBVTA), UK Vaping Industry Association (UKVIA), Haypp UK and e-liquid manufacturer Riot Labs all backed measures targeting poorly run and non-compliant vape shops, while calling for the government to ensure responsible specialist retailers are not caught by a blanket crackdown.
The government announced today (11 August) that new vape shops in England will require planning permission, with the definition of a vape shop also to be tightened to prevent businesses from avoiding the rules by presenting themselves as general retailers.
It will consult on removing vape shops from the broad Class E planning category and making them sui generis, meaning new premises would require a planning application. Councils could then potentially restrict the number or location of vape shops, including preventing them from opening near schools.
The plans form part of prime minister Andy Burnham's wider high street strategy, which also includes requiring planning permission for new adult gaming centres and revoking the Gambling Act's “Aim to Permit” rule for betting shops.
The government said the measures are intended to tackle the spread of vape shops, betting shops and “rogue businesses” that it claims have contributed to the decline of high streets.
“I said we would improve Britain’s high streets, and that’s exactly what we are starting to do,” Burnham said. “We're putting communities back in control and giving local people a real say over what opens on their high street.”
The maximum length of closure orders will also double from six to 12 months, giving police and local authorities more time to investigate premises linked to organised crime, pursue prosecutions, and prevent rogue businesses reopening before investigations are complete.
Gillian Golden, chief executive of the IBVTA, said rogue vape traders had been a “blight” on the legitimate sector and welcomed the extension of closure orders for problem premises.
“For too long the media have conflated organised criminal networks with law abiding vape businesses, when in fact these criminals just see illicit vapes as a commodity in the same way as illicit tobacco or counterfeit goods. That has damaged the public’s understanding of our sector,” she said.
“Research has shown that if even half of England's current adult smokers were to switch to vaping, it would save the NHS £0.5 billion. Vaping will be soon be subject to excise duty, which HM Treasury estimates will bring in £0.2 billion in its first partial financial year (2026–27) and £0.6 billion per year by 2030. Cutting out illegal trade in vapes will be key in ensuring Vaping Products Duty contributes to the UK economy rather than reinforcing an existing illicit sector.”
UKVIA director general John Dunne said the association supported action against the proliferation of “garish vape shops” with excessive lighting and inappropriate displays.
However, he said responsible specialist retailers provided an important service to adult smokers seeking to switch from cigarettes.
“Traditional vape retailers employ knowledgeable staff, comply with the regulations and provide an important service to adult smokers who are looking to move away from cigarettes,” he said.
Dunne called for a robust licensing scheme for the vaping sector, saying this would allow councils and enforcement agencies to target inappropriate and non-compliant operators while raising standards across the industry.
Haypp UK head of external affairs Dr Marina Murphy similarly said specialist, compliant vape retailers should have a place on the high street, while councils needed greater powers to restrict irresponsible or non-compliant businesses.
“A planning framework that recognises vape retail as a distinct category will support responsible retailers that follow the rules, while giving councils greater powers to restrict poorly run or non-compliant businesses,” she said.
Riot Labs chief executive Ben Johnson took a more critical view of the proposed planning requirement, arguing that it addressed where a shop operates rather than how it operates.
“Planning permission asks whether a shop should open somewhere. It cannot ask whether that shop is run properly,” he said.
Johnson pointed out that the measure would apply primarily to new premises, meaning poorly run shops that are already trading would not automatically be affected.
“A planning application can stop a good shop opening. It cannot close a bad one. It is a location test applied to a conduct problem,” he said.
Riot said the same concern had been raised by ASH, which argued that the planning changes would likely apply only to new premises, whereas the retail licensing scheme contained in the Tobacco and Vapes Act 2026 would cover both existing and new sellers of tobacco and nicotine products.
The company is calling for the licensing scheme to be introduced, proposing a three-tier model covering all retailers, including supermarkets, convenience stores and online sellers, alongside stricter requirements for shops accessible to children and a recognised adult-only category for specialist retailers.
Johnson said licensing could provide a mechanism to remove businesses that breached the rules.
“Sell to a child, lose your licence. Stock illegal product, lose your licence. Set the standard and enforce it against everyone, including anyone who sells our products. We will back that without reservation,” he said.
Riot said it fully supported the government's decision to extend closure orders from six to 12 months and tighten the definition of a vape shop.
The government's plans come as the vaping sector is already facing further regulation, including the introduction of Vaping Products Duty from October and proposed restrictions on vape packaging, appearance and retail displays.