Single Use Vape Consultation

The Environmental Protection (Single-use Vapes) (England) Regulations 2024 (the Regulations) ban the sale of single use vapes otherwise known as disposable vapes.

Single-use vapes are not designed or intended for reuse. A vape is single-use if it either:

• has a battery you cannot recharge
• is not refillable

The City of York Council’s enforcement policy states that formal enforcement action may be considered even in the first instance for cases involving ‘the sale of …illegal tobacco, alcohol and vapes’

For the purpose of this policy ‘formal enforcement action’ includes serving a legal notice e.g. an improvement, suspension, prohibition, fixed penalty or abatement notice, the carrying out of works in default and remedial action, management orders, consumer law civil penalties and civil penalty notices to letting agents and landlords, the seizure of goods, suspension or revocation of a licence, a ‘simple’ caution, prosecution or other court action. It also includes the issuing of civil penalty charge notices to any vehicle for road traffic contraventions

The Regulations introduce new enforcement provisions to officers including the ability to issue fixed monetary penalties i.e. fines of £200. This is reduced to £100 for payment within 28 days. The regulations also introduce ‘compliance notices’ to help ensure compliance, and ‘stop notices’ to prevent people from breaching the legislation in a way which is impacting the environment. There are various routes of appeal and cost recovery provisions which apply.

Before making use of the new enforcement provisions, the council must issue guidance on how it intends to apply the provisions and consult on that guidance. This consultation is aimed at fulfilling that requirement. You are therefore being invited to read the guidance and answer the questions as well as providing any other comments. Please ensure you do not include any information in your answers which may be used to identify you.

The consultation will close on Tuesday 7 October 2025.

Our survey asks for some personal information which you may choose not to give. We do not publish or share any information which can identify you. Please read our privacy notice to find out more about how we protect your personal information. We will ask for your consent to this at the start of the survey.

You can withdraw your consent at any time by contacting public.protection@york.gov.uk.