Change of https://www.gov.uk/guidance/tobacco-vaping-and-nicotine-products-fixed-penalty-notices

Change description : 2026-08-11 11:00:00: First published. [Guidance and regulation]

Showing diff : ..2026-08-11 10:04:49.567432972 +00:00

Guidance

Tobacco, vaping and nicotine products: fixed penalty notices

Information about changes to fixed penalty notices for offences related to tobacco, vaping and nicotine products from 29 October 2026 and 1 January 2027.

From:
Department of Health and Social Care
Published:
11 August 2026

Summary

This guidance provides information about the fixed penalty notices (FPNs) that apply to a range of offences related to:

  • tobacco products
  • herbal smoking products
  • cigarette papers
  • vaping products
  • nicotine products

An FPN is a financial penalty. It gives the person the opportunity to avoid prosecution for an offence, if they pay the fine within a specified time period. FPNs already exist for a range of offences, from littering to parking.

From 29 October 2026, enforcement authorities across the UK will be able to issue FPNs for a range of offences relating to tobacco products, herbal smoking products, cigarette papers and vaping and nicotine products.

Enforcement authorities in Scotland will also be able to issue FPNs for offences relating to other smoking-related products.

In Scotland and Northern Ireland, enforcement authorities are already able to issue FPNs for a range of offences relating to some of these products. These existing FPN regimes are being extended to cover new and expanded offences.

This guidance is mainly for retailers, who will need to understand the changes in the law. It may also be useful for:

  • wholesalers
  • business owners
  • enforcement authorities
  • people who use these products

This guidance should be read along with the guidance on other measures in the Tobacco and Vapes Act 2026, which provide further details on the offences for which FPNs will apply. These are:

Nations in scope

This guidance applies to England, Wales, Scotland and Northern Ireland. The offences for which FPNs can be issued and the FPN amounts may differ across jurisdictions.

Products in scope

The products in scope of the FPNs are:

  • tobacco products
  • herbal smoking products
  • cigarette papers
  • vaping products
  • nicotine products

In Scotland, smoking-related products are also in scope (see below).

For tobacco products, this includes but is not limited to:

  • cigarettes
  • hand rolling tobacco
  • cigars
  • cigarillos
  • pipe tobacco
  • waterpipe tobacco, such as shisha
  • nasal tobacco, commonly known as snuff
  • chewing tobacco
  • heated tobacco
  • tobacco blunts

For herbal smoking products, this includes but is not limited to:

  • herbal blunts
  • herbal cigarettes
  • herbal shisha

For vaping products, this includes but is not limited to:

  • vape devices, such as vape pens
  • substances to be vaped, such as e-liquid
  • related components, such as coils and vape pods

For nicotine products, this includes but is not limited to:

  • nicotine pouches (tobacco-free pouches containing nicotine powder that are placed between the gum and lip)
  • nicotine strips (dissolvable films containing nicotine that are placed on the tongue or between the gum and lip)
  • nicotine pearls (small dissolvable balls containing nicotine that dissolve under the tongue)

All types of nicotine are included in the scope, including synthetic nicotine produced in a lab, rather than extracted from plants.

Offences outlined in this guidance do not apply to:

  • components such as batteries, charging devices and electrical leads (these products are covered by wider consumer protection and safety legislation)
  • medical devices
  • medicinal products

For smoking-related products (Scotland only) this includes:

  • cigarette papers
  • cigarette tubes
  • filters that do not form part of a tobacco product or herbal smoking product
  • apparatus for making cigarettes, such as cigarette rolling machines
  • cigarette holders
  • pipes for smoking tobacco products (which would include waterpipes like shishas)

Offences for which an FPN can be issued: England and Wales

In England and Wales, trading standards will be able to issue FPNs for a range of offences from 29 October 2026. This will replace the existing FPN regime for proxy purchasing offences. Proxy purchasing is when someone aged 18 years or over buys, or attempts to buy, any product for a person under the age of sale.

Fixed penalty notices from 29 October 2026

In England and Wales, from 29 October 2026, a person may be issued with an FPN if they:

  • sell tobacco (which includes herbal products for smoking) or cigarette papers to anyone under the age of 18 (that is, people aged 17 and under) (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • proxy purchase tobacco or cigarette papers on behalf of anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • sell vaping or nicotine products to anyone under the age of 18
  • proxy purchase vaping or nicotine products on behalf of anyone under the age of 18
  • give away any product or coupon to a member of the public where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product
  • sell any product or coupon at a substantial discount where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product

Fixed penalty notices from 1 January 2027

In England and Wales, from 1 January 2027, a person may be issued with an FPN if they:

  • sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009
  • proxy purchase tobacco products, herbal smoking products or cigarette papers on behalf of anyone born on or after 1 January 2009

From 1 January 2027, tobacco retailers in England and Wales may be issued with an FPN if they fail to display a tobacco age of sale sign in a prominent place that is visible at each point of sale of tobacco products. This sign must meet minimum size requirements, set out in the guidance ‘Selling tobacco, herbal smoking products and cigarette papers’.

In England, the sign must state:

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

In Wales, the sign must include both Welsh and English text:

Mae’n anghyfreithlon gwerthu cynhyrchion tybaco i unrhyw un a anwyd ar neu ar ôl 1 Ionawr 2009

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

Persistent offenders

In England and Wales, retailers who commit relevant offences on at least 3 occasions within 2 years can receive a restricted sale order or a restricted premises order. These orders ban a person or a premises from selling certain products for up to 12 months.

Further information

For more information on FPNs in England and Wales, see:

Offences for which an FPN can be issued: Scotland

Current fixed penalty notices

In Scotland, trading standards can already issue FPNs for a range of tobacco and vaping offences, including:

  • failing to operate an age verification policy
  • selling tobacco products, cigarette papers and vaping products to anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • failing to display a tobacco age of sale sign that states “It is illegal to sell tobacco products to anyone under the age of 18” in a prominent place and visible at the points of sale of tobacco products (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • proxy purchasing tobacco products, cigarette papers or vaping products on behalf of anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • a ‘responsible person’ allowing the sale of tobacco products, cigarette papers or vaping products by a person under the age of 18 without the authorisation of the ‘registered person’ - see section 4C of the Tobacco and Primary Medical Services (Scotland) Act 2010 for further information on ‘responsible person’, ‘registered person’ and ‘authorisation’.
  • having management or control of premises where a vending machine selling tobacco or vaping products is available for use
  • displaying tobacco or smoking-related products other than for the reasons permitted in legislation

Trading standards can also already issue FPNs for any offence related to the register of tobacco and vaping product retailers. Offences include:

  • running a tobacco or vaping product business without being registered in the register of tobacco and vaping product retailers
  • running a tobacco or vaping product business at premises other than those noted in a person’s entry in the register
  • failing to notify certain changes relevant to a person’s entry into the register without reasonable excuse
  • breaching a banning order
  • failing to display a notice stating that premises have been specified in a banning order

Fixed penalty notices from 29 October 2026

From 29 October 2026, the existing FPN regime will be extended to capture new and expanded offences.

Offences that already apply to tobacco and vaping products (and for which an FPN may be issued) will be expanded to include herbal smoking products and nicotine products, including:

  • failing to operate an age verification policy
  • selling products in scope to anyone under the age of 18
  • a responsible person allowing the sale of a tobacco product, herbal smoking product, cigarette papers, vaping product or nicotine product by someone under the age of 18 without authorisation of the registered person
  • proxy purchasing products in scope for a person under the age of 18
  • having management or control of a premises where a vending machine selling products in scope is available for use

From 29 October 2026, the FPN regime will also cover the offences of:

  • selling unpackaged cigarettes
  • the free distribution and substantial discount of tobacco products, herbal smoking products, smoking-related products, vaping products and nicotine products
  • manufacture, sale, exposure for sale or possession with intent to supply a relevant oral tobacco product, such as snus

The offences relating to the register of tobacco and vaping product retailers will be extended to cover herbal smoking products and nicotine products. Those changes will be commenced by regulations and when those offences are fully in force, the FPN regime will also apply to them. The regulations are The Tobacco and Vapes Act 2026 (Commencement No.1, Transitional and Saving Provisions) (Scotland) Regulations 2026.

Fixed penalty notices from 1 January 2027

From 1 January 2027, a person may be issued with an FPN if they:

  • sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009
  • proxy purchase tobacco products, herbal smoking products or cigarette papers on behalf of anyone born on or after 1 January 2009

From 1 January 2027, tobacco retailers in Scotland may be issued with an FPN if they fail to display a tobacco age of sale sign in a prominent place that is visible at each point of sale of tobacco products. This sign must meet minimum size requirements, set out in the guidance ‘Selling tobacco, herbal smoking products and cigarette papers’.

In Scotland, the sign must state:

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

Persistent offenders

In Scotland, retailers who commit relevant offences on at least 3 occasions within 2 years from specified premises may be made subject to a banning order. This bans them from selling products in scope from the specified premises for up to 2 years.

For more information on persistent offenders, see the guidance ‘Selling tobacco, herbal smoking products and cigarette papers’.

Further information

For more information on FPNs in Scotland, see:

Offences for which an FPN can be issued: Northern Ireland

Fixed penalty notices from 29 October 2026

In Northern Ireland, from 29 October 2026, a person may be issued with an FPN if they:

  • run a tobacco products or herbal smoking products business when unregistered in the Northern Ireland Tobacco, Vape and Nicotine Retail Register
  • run a tobacco products or herbal smoking products business when registered at premises other than those noted in the person’s entry in the Northern Ireland Tobacco, Vape and Nicotine Retail Register
  • fail, without reasonable excuse, to notify certain changes affecting registration
  • sell tobacco products, herbal smoking products, or cigarette papers to anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • fail to display a tobacco age of sale sign that states “It is illegal to sell tobacco products to anyone under the age of 18” in a prominent place and visible at the points of sale of tobacco products (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • proxy purchase tobacco products, herbal smoking products or cigarette papers on behalf of anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
  • sell vaping or nicotine products to anyone under the age of 18
  • proxy purchase vaping or nicotine products on behalf of anyone under the age of 18
  • have management or control of a premises on which a vending machine selling tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products is available for use
  • sell cigarettes that are not in their original packaging
  • give away, or allow the giving away of, any product or coupon to a member of the public where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product
  • sell, or allow the sale of, any product or coupon at a substantial discount where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product
  • fail to display a notice on a premises subject to a restricted premises order, which would prohibit the sale of one or more relevant products on the premises for a period specified in the order
  • fail to remove tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products from a retail area where a restricted premises order applies

Fixed penalty notices from 1 January 2027

In Northern Ireland, from 1 January 2027, a person may be issued with an FPN if they:

  • sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009
  • proxy purchase tobacco products, herbal smoking products or cigarette papers on behalf of anyone born on or after 1 January 2009

From 1 January 2027, tobacco retailers in Northern Ireland may be issued with an FPN if they fail to display a tobacco age of sale sign in a prominent place that is visible at each point of sale of tobacco products. This sign must meet minimum size requirements, set out in guidance ‘Selling tobacco, herbal smoking products and cigarette papers’.

In Northern Ireland, the sign must state:

It is illegal to sell tobacco products to anyone born on or after 1 January 2009

Fixed penalty notices from 1 March 2027

In Northern Ireland, from 1 March 2027, a person may be issued with an FPN if they:

  • run a tobacco, vape or nicotine products business when unregistered
  • run a tobacco, vape or nicotine products business when registered at premises other than those noted in the person’s entry in the register

Persistent offenders

Retailers may be subject to restricted premises orders and restricted sales orders if they commit 3 relevant offences within a 5-year period. These orders will be in effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.

Further information

For more information on FPNs in Northern Ireland, see:

Liability to receive an FPN

A person may receive an FPN if they commit a relevant offence, as outlined in the previous section. The enforcement authority issuing the FPN will decide who receives the FPN - for example whether to issue the FPN to the business owner or a retail worker. In England, Wales and Scotland, the enforcement authority is trading standards and in Northern Ireland, this is local councils.

It is not an offence for an underage person to buy a relevant product for their own use. They will not receive an FPN because they have not committed an offence. It is the business or individual selling the product to an underage person that is liable to receive the FPN.

For proxy purchasing, a person who buys or attempts to buy a relevant product on behalf of someone who is underage is liable to receive an FPN.

Amount of the fixed penalty

The amount of the FPN is set in law.

In England and Wales, the FPN amount for the offences in this guidance will be £200 (reduced to £100 for early payment). The Secretary of State and Welsh ministers have powers to change FPN amounts through regulations.

In Scotland, the FPN amount is £200 (reduced to £150 for early payment). If a person has received an FPN or criminal conviction for a relevant offence in the previous 2 years, the amount increases in £200 increments for each additional previous enforcement action. The discounted amount is the FPN amount reduced by £50. For example:

  • for one previous enforcement action within 2 years, a person would receive a £400 FPN (reduced to £350 for early payment)
  • for 2 previous enforcement actions within 2 years, a person would receive a £600 FPN (reduced to £550 for early payment)

Scottish ministers have the power to change FPN amounts through regulations.

In Northern Ireland, the amount of existing, new and revised FPNs is determined by the nature of the offence and is subject to Northern Ireland Assembly approval.

FPNs can be issued at a level of up to:

  • £500 for registration-related offences
  • £250 for offences relating to the retail sale of products

The amount of the penalty is subject to a 25% reduction where payment is made within the set early payment period.

Details on the relevant early payment periods are included in the following sections on payment. 

Paying fixed penalty notices

Payment in England and Wales

In England and Wales, the full amount specified on the FPN must be paid within 28 days from the date it is issued.

If the FPN is paid within 14 days, which is the early payment period, the full amount is reduced by 50%. The FPN itself will explain when and how payment should be made.

Paying the FPN is an alternative to criminal prosecution. If a person pays the FPN within 28 days, legal proceedings cannot be taken against them for that offence and they cannot be convicted of it.

If the person does not pay the full amount before the end of the 28-day payment period, the enforcement authority may seek prosecution in court. If the person is convicted, they may be required to pay a higher fine.

For certain offences, such as free distribution, the penalty on conviction can include a term of imprisonment. The maximum level of the criminal penalty on conviction will depend on the offence committed.

The enforcement authority issuing the FPN can decide to withdraw the FPN at any point before payment is made.

Payment in Scotland

In Scotland, the existing payment periods and mechanisms will remain in place.

The FPN must be paid by the first working day that falls at least 28 days after the date the FPN is issued (unless extended by the enforcement authority in a particular case).

The discounted amount will apply if payment is made by the first working day at least 14 days after the date the FPN is issued, which is the early payment period. The FPN itself will explain when and how payment should be made.

Paying the FPN is an alternative to criminal prosecution. If a person pays the FPN within 28 days, legal proceedings cannot be taken against them for that offence and they cannot be convicted of it.

If the person does not pay by the deadline, then proceedings in relation to the offence can be started and may attract a higher penalty. The maximum level of the criminal penalty on conviction will depend on the offence committed.

Payment in Northern Ireland

In Northern Ireland, the existing payment periods and mechanisms will remain in place. 

If payment is made within the first 14 days of the period of the FPN, the amount payable is reduced by 25%. This is the early payment period.

Paying the FPN is an alternative to criminal prosecution. If a person pays the FPN within 28 days, legal proceedings cannot be taken against them for that offence and they cannot be convicted of it.

If the person does not pay by the deadline, then proceedings in relation to the offence can be started and may attract a higher penalty. The maximum level of the criminal penalty on conviction will depend on the offence committed.

Challenging an FPN

The FPN provides a person accused of committing an offence the opportunity to pay the penalty, so no further action is taken. If a person does not pay by the end of the payment period, then they may be prosecuted and the case will go to court.

If a person believes they have not committed the offence, they can choose not to pay the penalty and defend themself in court.

In Scotland, if a person believes an FPN should not have been issued, they can make representations to the issuing enforcement authority. If the issuing enforcement authority considers that the FPN should not have been issued, it can withdraw it and refund any amount that has already been paid.

Existing proxy purchasing FPNs in England and Wales

Section 91 of the Children and Families Act 2014 introduced FPNs for the proxy purchasing of tobacco and cigarette papers in England and Wales. Later, nicotine inhaling products were added to this list.

These £90 FPNs will remain in place until 29 October 2026, when they will be replaced by a new £200 FPN.

Updates to this page

Published 11 August 2026

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Update history

2026-08-11 11:00
First published.