And the figures make for ‘disappointing’ reading. 

Of visits made by council teams to 125 premises across South Lanarkshire during 2023/24, more than one-third - 44 outlets - sold vapes to volunteer purchasers under the age of 18. 

Where follow-up visits were conducted, 11 of the 44 outlets repeatedly sold vapes to young volunteers without asking for age ID. 

This was despite these premises being given a fixed penalty fine in the initial round of visits.

Councillor Robert Brown, Chair of the Community and Enterprise Resources Committee (pictured above) which considered the report last month, said: “The level of sales of vapes to underage volunteers in the last year was very disappointing, and would appear to reflect a disregard for the legislation by some retailers. 

“As a council, we have already formally recognised our concerns about the possible long-term health impact of vaping, particularly on children, by calling for a complete ban on the sale of single-use vapes.

“While this is considered at a national level, we will continue to do everything possible to prevent single-use vapes being sold to children, including, in the case of repeated non-compliance, asking our licensing team to consider a retailer’s suitability to hold a licence that allows them to sell any type of age-restricted goods.”

“Additionally, if the use of spot fines is not deterrent enough, we will have to consider using our statutory powers to escalate the level of enforcement all the way to the Procurator Fiscal if necessary.”

Consumer and Trading Standards has a statutory duty to enforce the provisions of the Tobacco and Primary Medical Services (Scotland) Act 2010 which makes it a criminal offence for a business to sell vapes to anyone under the age of 18.

The team took the decision in 2023 to widen their test purchasing scheme to include single-use vapes following a significant increase in complaints about their sale to children.

Test purchasing involves officers visiting premises with young volunteers who, under supervision, attempt to buy the age-restricted product.

Retailers who go on to make the sale, are visited immediately by officers and reminded of their responsibility to ask for proof of age. A £200 fixed penalty is also issued.

All vapes bought are disposed of through a specialist company.