Health Bill [HL]

This amendment would provide powers to introduce a wholly new approach to the sale of tobacco in this country. It is an issue on which the Government consulted in 2006, following the 2004 public health White Paper Choosing Health. While many stakeholders supported licensing, particularly health groups, there was much opposition from retailers worried about the cost and work involved in applying for a licence. As noble Lords have mentioned, we are concerned about imposing extra burdens on business in the current economic climate. Many local authorities were also concerned about the extra administrative burden and cost involved in running such a scheme. There are almost 100,000 tobacco retailers in the UK and as many as 90,000 in England alone. Running such a scheme would be complicated and costly. We responded by bringing in a negative licensing scheme in which a retailer can sell tobacco unless and until they have been found to be persistently selling tobacco to young people. This new law comes into effect from 1 April this year. We would like to see how it works and what happens. We think that the negative licensing system is a more cost-effective alternative to the positive licensing system proposed in this amendment. The new scheme will be a powerful deterrent to retailers selling tobacco to young people under 18 while avoiding the additional burdens on business. Noble Lords have asked what effect this will have on tackling the illicit tobacco trade. It goes without saying, as I reported to the Committee in full on Monday, that this continues to be a vital element in our strategy on tobacco. It is important to note that very little smuggled tobacco is made available through formal retail channels, but rather through other locations such as workplaces, car boot sales or even people’s homes. Positive licensing would be unlikely to add further tools in that direction. However, we are committed to keeping the position under review. As promised in the debate on restricted sales orders last March, we intend to report on the impact of these orders next year. If there is still a problem with the illegal sale of tobacco to young people under 18, we will re-consider the merits of an enhanced licensing scheme. For these reasons, I hope the noble Lord feels able to withdraw the amendment.