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ASH Scotland welcomes proposals to license tobacco sales

19 November 2007

ASH Scotland Chief Executive Maureen Moore OBE today [Monday 19 November] welcomed the publication of Christine Grahame MSP’s consultation document on licensing the sale of tobacco, ‘Smoking and the Bandits: tackling rogue traders and under-age tobacco sales’. Mrs Moore said out of the options in the document, a positive licensing scheme would be the best way forward and called on the Scottish Government to bring this forward in their smoking prevention action plan due next spring. Speaking after the launch of the consultation in the Scottish Parliament, Mrs Moore said:

“ASH Scotland is delighted that Christine Grahame MSP is championing the issue of licensing tobacco sales and we welcome today’s consultation document on the subject. I congratulate Christine for bringing this issue to the attention of Scotland and the Scottish Parliament.
“The sale of alcohol is licensed as a measure to protect public health and keep children from harm. Whilst tobacco kills 13,500 Scots each year, and whilst evidence shows the younger you start smoking, the more harm is done to your health and the harder it is to quit, it is obvious tobacco is a major public health issue and should therefore also be subject to licensing regulations.

“ASH Scotland is in favour of a positive tobacco licensing system. We believe a positive scheme could be used as both an active deterrent and to penalise persistent offenders. Retailers who consistently sell cigarettes to anyone under age could face having their licence suspended and ultimately revoked for repeated violation. A positive licensing scheme along with fixed penalty fines would also be cheaper and quicker than the current costly court system which led to only seventeen court prosecutions between 2001 and 2007.

“If a positive scheme was introduced, each local authority would have a register of all tobacco retailers which means prevention, awareness and enforcement work could be carried out a lot more easily. Positive licensing would also mean retailers such as mobile shops or premises with vending machines would need a licence creating a level playing field between all retailers. In addition, when applying for a licence, all those who sell tobacco would be made aware that, like all age-restricted goods, tobacco must be sold responsibly and within the law.

“The Scottish Government is due to publish a new smoking prevention action plan next spring. Public Health Minister Shona Robison should carefully read Christine Grahame’s consultation document, the support it has, and the responses it receives and use her smoking prevention plan as an opportunity to introduce a positive licensing scheme.

“Teenage smoking remains an issue for Scotland with 18% of 15 year old girls and 12% of 15 year old boys being regular smokers. That along with the fact 82% of those smokers buy their cigarettes from shops shows that enforcement of the age restriction laws are much needed. The minimum purchase age for tobacco has risen from 16 to 18, which is a move forward, but unless our local authority enforcement officers have the tools to effectively tackle retailers who flout the law, it will be a wasted measure. Licensing tobacco sales would provide the effective enforcement Scotland needs.”

A short brief on tobacco licensing systems follows. Maureen Moore is available for interview.

ENDS

For further information and interviews with Maureen Moore please contact: Jeanette Campbell 0131 220 9466.

Notes to editors:

ASH Scotland is the leading voluntary organisation campaigning for effective measures to protect people from the harmful effects of tobacco.
Licensing tobacco sales brief & Licensing FAQ
There are two ways tobacco sales could be licensed, either through a positive system or a negative system.

With a negative licensing system, if a retailer is found to have broken the law and sold tobacco to someone under the age of 18, their right to sell cigarettes can be taken away. The advantages of a negative scheme are that there are no fees or administration costs and there is some level of deterrent. The disadvantages are that there is no record of tobacco retailers so awareness and enforcement work is harder to undertake; it is difficult to control the sale of tobacco products that don’t occur in fixed premises, eg from mobile shops or car boot sales.

With a positive licensing system if a retailer is found to have broken the law and sold tobacco to someone under the age of 18, their licence to sell cigarettes can be suspended or revoked. The disadvantages of a positive scheme are that there is a cost to retailers and to local authorities in terms of the licence fee and administration. The advantages are that there is a high level of deterrent as well as penalty in such a system and along with a system of Fixed Penalty Fines, the current system of having to prosecute someone through the courts can be avoided and the matter dealt with at a local authority level. Education and enforcement work can also be easier carried out as there is a comprehensive record of all those selling tobacco in an area, which would include mobile shops and premises with vending machines. Having to apply for a licence would mean retailers would be made aware of the responsibilities involved in selling an age-related product.

There is evidence to show that licensing tobacco can reduce sales to those underage. There is also evidence to show that the younger a person starts to smoke, the more they will smoke in adulthood, the harder they will find it to quit, and their chances of contracting a tobacco-related disease and dying prematurely due to a tobacco-related disease are much increased. UK Government figures indicate that the costs of introducing a positive licensing scheme would be far outweighed by the savings to the NHS for treating such illnesses.
It is not unusual for age restricted goods to be licensed. Alcohol retailers must hold a licence and retailers must apply for an explosives licence to store and sell fireworks. Both alcohol and fireworks, like tobacco, are restricted to over 18s.

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