Environmental Protection (Single-use Vapes) (England) Regulations 2024

1. Introduction

Single use vapes were banned from 1 June 2025 because of the waste they cause and the harm they do to the environment. The Council is a regulator for the purposes of enforcing the Regulations and must publish guidance on the use of the fines, notices and other civil sanctions contained in the Regulations. This guidance should be read in conjunction with the above regulations and Camden’s Regulatory services enforcement policy. 

2. Criminal offence of supplying a single-use vape

If a person, as a business, supplies a single-use vape they commit a criminal offence. A single-use vape is a vape which is not intended to be re-used. A legal vape must be refillable and rechargeable and the coil (heating element) must be able to be replaced by the consumer. The government guidance to the Regulations provides more detail on what each of these terms mean Single-use vapes ban - GOV.UK Supply includes giving such vapes away. It is also an offence for a person to offer to supply such vapes or for a person to have them in their possession ready to supply. In line with our enforcement policy the Council may take legal action against a person who supplies, offers to supply or possesses for supply a single-use vape. Legal action may include, but is not limited to, prosecuting someone in the magistrates’ court, applying to review a premises licence under the Licensing Act 2003 or using the penalties explained in this guidance.

3. Criminal offence of failing to comply with an enforcement requirement

If a person without reasonable excuse, fails to comply with any requirement imposed in the exercise of an enforcement officer’s powers or otherwise obstructs an enforcement officer in the exercise of powers under the Regulations, they are guilty of an offence. In line with our enforcement policy the Council may take legal action against a person who fails to comply with an enforcement requirement. Legal action may include, but is not limited to, prosecuting someone in the magistrates’ court, applying to review a premises licence under the Licensing Act 2003 or using the penalties explained in this guidance.

4. Publication of information about enforcement action

Where we use the penalties under these Regulations, we must from time to time publish details of the cases in which the penalties have been used.

5. Withdrawing or amending a notice Penalties in the Regulations include the use of various notices

The council may at any time withdraw a notice, reduce the monetary amount of any penalty in a notice or change the steps in a notice required to ensure compliance. Where we do this, we will do so in writing.

6. Fixed monetary penalties and compliance notices

Where a person commits an offence under these regulations the Council may issue a fixed monetary penalty notice. This is a fine issued by the council and is set at £200. This will be reduced to £100 if paid within 28 days of receiving the notice of intent to serve a fixed monetary penalty. Details of how to pay the fine will be included in the notices.

7. When will the Council issue a fine?

Enforcement action will be proportionate and follow the general principles for dealing with non-compliance as set out in our enforcement policy. A fine may be issued even for a first offence. This is because the ban was well publicised in advance and Camden Council issued advice and guidance to retailers before it came into force. Decisions will consider the circumstances of the breach. There may be extenuating or aggravating factors. Where there are aggravating circumstances we might take other action, even for a first offence. 2 Examples of aggravating circumstances would include the supply of a single-use vape to a child or if someone commits a second offence or where a person is in possession of a large quantity of single-use vapes. We will not issue a fine where a business can show it has taken all reasonable steps to avoid committing an offence. We will not issue a fine where we have issued a compliance notice and the business has carried out the tasks detailed in that notice.

8. When will we issue a compliance notice?

This is a notice that we may issue to a person telling them what action they must take to ensure that no further offences are committed. The notice will tell the person how long they have to comply with our instructions. A compliance notice will be used where the authority considers it the most appropriate way to ensure further offences are not committed. Failure to comply with a notice will lead to a person being issued with a fine or the authority may take legal proceedings against them.

9. Notice of intent

If we are considering issuing a fine or a compliance notice on a person we must issue them with a notice of intent. This tells the person what action we propose to take and why we intend to take it. The notice must include either the value of the fine or the details of the action we require the business to take. A person who is given a notice of intent may offer to put right any damage or compensate another person who has been affected by the offence. This is known as a third-party undertaking. The Council will consider whether to accept any offer of such an undertaking on a case-by-case basis. We must consider any third-party undertakings made before we issue any final notices.

10. Rights to make representations and objections

A person who is issued with a notice of intent has 28 days to make any objections or representations. The details of where to send these will be included in the notices. In the case of a £200 fixed monetary penalty a person can clear their liability by paying £100 within 28 days of the issue of the notice of intent.

11. Final notice

Once the Council issues the notice of intent we will wait at least 28 days before deciding whether to issue the fine in a final notice or a compliance notice. We will consider any objections or representations. The final notice will include the grounds for imposing the penalty, the amount to be paid, how payment may be made and the period within which payment must be made. It will also include how to appeal and the consequences of failing to pay the fine or comply with the notice.

12. Right to appeal

The person receiving the final notice may appeal against it if they think that we made an error in the facts, we didn’t apply the law properly or that our decision was unreasonable. Anyone wishing to appeal a final decision should do so in writing to The First-tier Tribunal. Failure to pay the fine or to take the action detailed in the compliance notice will result in consideration of further action. Details of how to pay a fine are detailed in the final notice.

13. Stop notices

Where the Council considers it appropriate, we may serve a stop notice on any person who we reasonably believe is carrying on an activity that is an offence under these Regulations and which is causing, or where there is a significant risk of it causing, serious harm to the environment (including the health of animals). We can also issue a stop notice if the activity will involve or will be likely to involve the commission of an offence under the Regulations. The notice must explain the steps required to remove or reduce the harm or the risk of harm to the environment. It must also include the reasons why we’ve issued the notice, how a person can appeal the notice and the consequences of failing to comply with the notice. Failure to comply with a stop notice is a criminal offence punishable by up to two years in prison.

14. Completion certificates after service of a stop notice

Once we are satisfied that the person issued with a stop notice has taken the steps specified in the notice, we must issue a completion certificate confirming this. Once we have issued this, the stop notice ends. A person who has been given a stop notice can ask us for a completion certificate at any time and we must decide as to whether to issue one within 14 days. We must give a written answer to the person if we decide not to issue the certificate.

15. Appeals against stop notices & completion certificates

The person receiving the stop notice may appeal against it if they think we made an error in the facts, we didn’t apply the law properly, that our decision was unreasonable or that they had not committed an offence under the Regulations. Anyone wishing to appeal a final decision should do so in writing to The First-tier Tribunal.

16. Compensation

If the stop notice is later withdrawn or amended by us because the decision to issue it was unreasonable or any step specified in the notice was unreasonable or the person successfully appeals against the stop notice because the issue of the notice was unreasonable, we must compensate that person. If we unreasonably refuse to issue a completion certificate, we must also compensate that person.

17. Appeal against compensation decision

A person may appeal against a decision not to award compensation, or on the amount of compensation awarded on the grounds that our decision was unreasonable or that the amount we have offered is incorrect.

18. Enforcement undertakings

Where we think a person has committed an offence under these Regulations, they can offer to take some action to ensure offences are not committed in the future. They can also offer to act to put right any damage caused to another person or to compensate them for that damage. They can also offer to correct any damage caused to the environment by their actions. This offer is known as an enforcement undertaking. The Council will consider whether to accept any offer of such an undertaking on a case-by case basis. If we have accepted an enforcement undertaking, we cannot prosecute for the offence to which it relates, nor can we issue a fine for that offence.

19. Discharge of an enforcement undertaking certificate

Once we are satisfied that the person has taken the steps specified in the undertaking, we must issue a certificate confirming this. A person who has given an undertaking can ask us for a certificate at any time and we must decide whether to issue one within 14 days. We must give a written answer to the person if we decide not to issue the certificate.

20. Appeals against a decision to not issue a discharge certificate

A person may appeal against our decision to refuse a certificate if they think we made an error in the facts, we didn’t apply the law properly or that our decision was unreasonable. Anyone wishing to appeal a decision should do so in writing to The First tier Tribunal General Regulatory Chamber.

21. Non-compliance with an enforcement undertaking

If a person does not take the action agreed in the undertaking, we can either take action to issue any of the other notices in the Regulations, we can issue a fine or we can prosecute the person. If a person has complied partly but not fully with an enforcement undertaking, we must consider this before we take any further action.

22. Non-compliance penalties If a person fails to comply with a compliance notice, a third party undertaking or an enforcement undertaking, the Council may recover any costs from that person by issuing them with a penalty. We will seek 100% of all costs incurred by the Council of fulfilling the remaining requirements including any costs of clean up or disposal costs. Where more than one person has been identified as being responsible for the non compliance the Council will treat all persons as being jointly and individually liable for all the costs. The Council must issue the person with a notice which tells them why we are imposing the penalty, the amount to be paid, how payment may be made, the period in which payment must be made and their right to appeal. It must also state the consequences of non-payment and the circumstances in which the council might reduce the amount of the penalty. If the requirements of the compliance notice or the third-party undertaking is complied with before the deadline for payment is reached, then the penalty will be cancelled.

23. Appeals against non-compliance penalties

A person may appeal against our decision to issue a penalty if they think we made an error in the facts, we didn’t apply the law properly, that our decision was unreasonable or that the amount of the penalty was unreasonable. Anyone wishing to appeal a decision should do so in writing to The First-tier Tribunal.

24. Enforcement cost recovery notices

The Council may serve an enforcement cost recovery notice on a person on whom a compliance or stop notice has been served which requires that person to re-pay what it has cost the Council to enforce the law before the notice is issued. There is no limit on what types of costs apply but they will include investigation costs, administration costs and the costs of obtaining expert advice (including legal advice). We can only recover costs that were necessary for us to enforce the law. The enforcement cost recovery notice must tell a person how payment may be made, the amount required to be paid, the period in which payment must be made, why the notice has been issued, how a person can appeal and what the consequences of a failure to comply with the notice might be. The person can ask the council to provide a detailed breakdown of the amount.

25. Appeals against enforcement cost recovery notice

The person required to pay the costs may appeal against the Council’s decision to require them to pay costs or against their decision about the amount of those costs. Anyone wishing to appeal a decision should do so in writing to The First-tier Tribunal.

26. How we enforce payments

The Council may choose to recover unpaid penalties as a civil debt (by registering a claim in court) or by applying to a court for an order so we can enforce the payment through:

• a warrant of control, allowing a county court bailiff to take control of goods or money to the value of the amount being recovered
• a charging order, placing a charge on property so that the debt due is paid from the proceeds of sale before the debtor receives them 
• a third-party debt order, requiring a third party to pay the outstanding debt directly to the creditor from the debtor ‘s money, Court fees can also be recovered from the debtor

27. Criminal proceedings

If a fixed monetary penalty or a compliance notice is served on any person or a third party undertaking is accepted from any person that person may not at any time be convicted of the offence in respect of the act or omission giving rise to the fixed monetary penalty, compliance notice or third-party undertaking. This paragraph does not apply in a case where a compliance notice is imposed on a person or a third-party undertaking is accepted from a person, no fixed monetary penalty is imposed on that person and that person fails to comply with the compliance notice or the third-party undertaking. In these circumstances criminal proceedings may be instigated.

28. Further information and comments

If you require further information or wish to comment on this proposed guidance please contact us.

The Single Use Carrier Bags Charges (England) Order 2015

Retailers of any size (large, medium, small, micro and airport retailers) must charge a minimum of 10 pence for single-use carrier bags in England. You can be fined if you do not charge.

Only large retailers are required to record and report the number of single-use carrier bags they sell in England. A large retailer employs 250 or more full-time equivalent employees (in total and not just in retail roles) in a year.

How much you can be fined

Given the importance of protecting the environment and legislation developing around single use plastics. The legislation has been in place for over 6 years, and the single use carrier bag charges have been well publicised to businesses, on receipt of complaints and enquiries (giving rise to a reasonable belief of a breach) Camden council will issue fines in the first instance and the fine levels are detailed below and in Sch 5 of the regulations.

You cannot receive a variable fine if you’ve already received a fixed fine for the same problem, unless you’ve received a non-compliance notice for the problem. Schedule 6 (discretionary requirements: amounts and procedure) and Schedule 7 (non-compliance penalties: procedure) will have effect.

Fixed penalties

 

Enforcement Costs Recovery Notice

We may serve a notice (an “enforcement costs recovery notice”) on a seller on whom a discretionary requirement is imposed requiring the seller to pay the costs incurred by to include investigation, administration and expert advice costs.

Paying fines on time

Fines are:

• reduced by 50% if you pay within 28 days
• increased by 50% if you fail to pay within 56 days

We may require you to publicise the details of any fine, if we do, we will detail the information to be shared in a publicity notice served on you.

Appeals and objections

You can object within 28 days of you receiving a notice of intent, the notice or letter will tell you how to do so. If we withdraw or amend a notice, we will consult with you beforehand where practicable.

You can appeal a penalty to General Regulatory Chamber of the First-tier Tribunal if you feel your fine was wrong, unreasonable or based on an error. You can also appeal if you feel that your non-monetary requirement is unreasonable, or if the variable amount penalty is too high.

The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023

Guidance about our use of civil sanctions under these Regulations in relation to an offence under Part 2. Notices - fixed monetary penalty, compliance notice or stop notice.

Given the importance of protecting the environment and legislation developing around single use plastics. The single use plastics ban (microbeads, single-use plastic plates, trays or bowls, balloon sticks and cutlery, polystyrene containers) has been well publicised to businesses, Camden council will issue notices of intent and fines in the first instance where we are satisfied beyond a reasonable doubt that an offence has been committed and the fine levels are detailed below and in the Regulations. We have determined this course action is appropriate over pursuing criminal enforcement action, however, should noncompliance continue Camden council will consider criminal enforcement action. We will pursue criminal proceedings, if we do not impose a fixed penalty, and there is failure to comply with an agreed compliance notice or third party undertaking.

We could impose a compliance notice, setting out what compliance is required. and the period within which it must be completed.

We will consider a third-party undertaking offered, that benefits any third party affected by the offence.

Stop notices

Camden council will serve a stop notice prohibiting activity specified (likely to involve a commission of an offence), where those steps are required to remove or reduce the harm or risk of harm to the environment (including the health of animals). A completion certificate will be issued when Camden Council is satisfied the steps specified have been taken or on application, within 14 days of such an application.

Camden council will be liable to compensate any loss suffered due to the issue of a stop notice or refusal to issue a completion certificate.

Failure to comply with a stop notice is an offence punishable by a fine/imprisonment.

Enforcement Undertakings

We may accept Enforcement undertakings which set out actions which ensure the offence does not continue or recur, there may be a benefit to any person affected, a benefit to the environment to restoration, within a specified period. It will detail how and when it is discharged. Any variation will be agreed in writing by both parties. The discharge of the undertaking will be confirmed in writing (revokable on receipt of further information), and no other enforcement action will be considered unless there has been a failure to comply with it. In which circumstances, enforcement action will be considered from fixed monetary penalty notice, compliance notice, non-compliance penalty notice or stop notice; or criminal proceedings.

Enforcement Costs Recovery Notice

We may serve a notice (an “enforcement costs recovery notice”) on a seller on whom a discretionary requirement is imposed requiring the seller to pay the costs incurred for enforcement to include investigation, administration and expert advice costs.

Appeals and objections

You can object within 28 days of you receiving a notice of intent, the notice or letter will tell you how to do so.

You can appeal a penalty to the First-tier Tribunal if you feel your notice meets the criteria set out in the notice served. You can also appeal if you feel that your non monetary requirement is unreasonable, or if the variable amount penalty is too high.

Paying fines on time

Fines (fixed monetary penalties of £200) are:

• reduced by 50% if you pay within 28 days

We will revise this guidance periodically, and consult with our Environmental Health, cost recovery and legal teams, if appropriate. We will have regard to Single-use plastics bans and restrictions - GOV.UK and this guidance when we exercise our functions.

Revised 25/9/2026 version 2