Decision details

Sale of Electronic Cigarettes on Council Markets

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decisions:

(Cabinet Member with Special Responsibility Councillor Barry)

 

Cabinet received a report from the Chief Officer (Environment) to consider whether the sale of electronic cigarettes should be allowed on Council markets.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Allow the sale of e-cigs on Council markets

Option 2: Continue to ban the sale of e-cigs on Council markets

Advantages

·         Provides choice to consumers.

·         Allows potential for existing traders to diversify (subject to license changes being agreed).

·         Allows potential for new traders to apply to sell e-cigs

·         Maintains the status quo.

·         Consistent with Council’s ‘Smoke Free Policy’

·         Consistent with advice from Lancashire’s Director of Public Health.

·         Consistent with other Council ‘wellbeing’ initiatives.

·         Consistent with other Council partners ‘wellbeing’ initiatives.

·         Avoids any mixed messages.

·         Avoids any reputational risks of sales to under 18s

 

Disadvantages

·         Conflicts with Council’s ‘Smoke Free Policy’

·         Conflicts with advice from Lancashire’s Director of Public Health.

·         Conflicts with other Council ‘wellbeing’ initiatives.

·         Conflicts with other Council partners ‘wellbeing’ initiatives (e.g. smoking cessation)

·         Reduces choice for consumers

Risks

·         When the ban on sales to under 18s is enforced in the autumn there is a potential reputational risk to the Council if e-cigs were then sold by an unscrupulous trader to an under 18.

·         Once further work has taken place to establish the safety of e-cigs it may be that they are only available for sale from specified outlets which means that existing traders would have to cease the sale of e-cigs.

 

·         Would be traders in e-cigs will go to other markets that allow the sale of e-cigs

·         Existing traders who want to sell e-cigs will take their trade to markets the allow the sale of e-cigs

 

 

 

  The Officer preferred option is option 2: continue to ban the sale of electronic cigarettess on Council markets.

 

Councillor Barry proposed, seconded by Councillor Blamire:-

 

“That the sale of electronic cigarettes continues to be banned in Council Markets and Cabinet be requested to reconsider this issue in 2016, when they become licensed and regulated.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That the sale of electronic cigarettes continues to be banned in Council Markets and Cabinet be requested to reconsider this issue in 2016, when they become licensed and regulated.

 

Officer responsible for effecting the decision:

 

Chief Officer (Environment)

 

Reasons for making the decision:

 

The Council has in place a ‘Smoke Free Policy’ which categorises e-cigs the same as tobacco based products.  Health and Wellbeing is one of the four priorities in the corporate plan and the Council has committed to working with partners as part of the Health and Wellbeing Partnership to improve the health outcomes of our citizens.

Report author: Mark Davies

Publication date: 17/04/2014

Date of decision: 15/04/2014

Decided at meeting: 15/04/2014 - Cabinet

Effective from: 29/04/2014

Accompanying Documents: