ACS

Ministers are planning the most costly and disruptive tobacco display ban of its type in the world if they implement draft regulations published on Monday, say ACS. These plans were unveiled a few hours before the crucial parliamentary debate on the issue on October 12th.

The Government has published a consultation that sets out what a retailer would have to do to implement the new law banning tobacco displays. In it the Government will require retailers to fit doors or flaps that only allow an area slightly larger than a sheet of A3 paper to be seen by a customer when they are being served tobacco. This would mean that a typical small shop would be required to fit at least 20 separate doors or flaps to their existing unit.

In the Health Bill Report Stage Debate the Government defeated an opposition attempt to remove the tobacco display ban from the proposed Health Bill in a whipped vote.

ACS Chief Executive James Lowman said: “The Minister has proposed regulations that are the most inflexible of their type anywhere in the world. It makes a mockery of the repeated reassurances that Ministers have made to Parliament and businesses that they will take a light touch approach to compliance.”

Government’s official estimate is that the cost of compliance will be £1000 per store, although Ministers have repeatedly suggested to MPs and media that the cost would be much lower for smaller stores. Mr Lowman continued: “The technical challenges in fitting a solution to existing units that meet the Ministers’ demands could be insurmountable. This would mean retailers having to rip out and replace existing units and the costs will be far higher than previously suggested.”

Mr Lowman also questioned the evidence for why such an approach was necessary: “The evidence that a display ban affects smoking rates is weak, but there is absolutely no evidence to suggest that a tiny permitted display area during transactions is necessary for the policy to succeed.

“ACS will make a strong case to Government that sets out how damaging their proposed approach to regulations is.”

Mr Lowman also expressed disappointment at the outcome of the tobacco display ban vote: “We remain convinced that if MPs were presented with credible alternatives to this measure such as proper deterrents to those that are complicit in giving tobacco to children and effective measures to tackle the illegal trade in communities, they would agree that the display ban is unnecessary."

Contacts:

Shane Brennan Public Affairs Director
01252 515001/ 07921 372 978

Nina Collins Communications Coordinator
01252 515001

Notes to Editors:

1. ACS (Association of Convenience Stores) is the voice of local shops, representing over 33,500 convenience stores. ACS helps local shops thrive through lobbying, support and networking opportunities.

2. Official Government cost of compliance figures are taken from the Regulatory Impact Assessment published on 27th January 2009 http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_093817

3. Total display area permissible during transactions will be 1500 sq cm (A3 sheet equals 1248 sq cm) The 20 door estimate is based on a tobacco display unit (1.5m x 2m) common to many local shops.

4. Tobacco Display Restrictions International Comparisons:

• Republic of Ireland - requires that tobacco is stored in a closed container but can be displayed during transactions

• Iceland - allows retailers to choose the compliance solution that suits their business.

• Canada

Ontario – permitted display area during transactions 1800 cm2

New Brunswick – permitted display area during transactions 3600 cm2

Nova Scotia - are the only jurisdiction where display is banned completely even during transactions.

Quebec- tobacco has to be within a separate area of the shop that can only be entered by adults

The remaining seven Canadian States with a ban – allow retailers to choose solutions

5. The DH Consultation is available at: http://www.dh.gov.uk/en/Consultations/Liveconsultations/DH_106454