The Government provides central funding to local authorities in support of local trading standards activity. It is for local authorities to decide how this funding is allocated across local services, including how to combat the underage sale of e-cigarettes. The Department also commissions the Chartered Trading Standards Institute to publish annual tobacco control surveys on trading standards activities. The Department provides advice for small businesses on compliance with age of sale requirements via the Business Companion website.

We believe that the current enforcement measures are proportionate. However, we will continue to monitor the evidence regarding underage or illegal sales.

The Food (Promotion and Placement) (England) Regulations 2021 apply to medium or large businesses (those with 50 or more employees) operating in and selling to England. The number of employees is not restricted to England, it is the total number of employees a business has in its entirety.

Specialist retailers are retailers that only or mainly sell food from a single category in Schedule 1 of the Regulations or a specific type of “less healthy” product. For example, chocolatiers, confectioners, and cake stores are generally considered to be specialist retailers and are therefore exempt from the location restrictions. However, they must comply with volume price promotion restrictions.

Concessions are defined in the Regulations as being an area that is occupied by a business other than the business primarily responsible for managing and operating the store, but only where this concession operates its own payment facilities.

There is a transition period until 2023 which allows retailers to sell existing stock that was produced before October 2022 with volume price promotions (such as ‘X% extra’) on the packaging that they cannot remove. After October 2023, it is not permitted.

The Regulations will be enforced by food authorities – this will be a local authority (for example a county, borough, or district council). The Regulations may be enforced by trading standards and/or environmental health officers depending on local arrangements.

The upcoming guidance, being developed in collaboration with trade associations, businesses and local authorities, will provide further clarification on which products and product formats are in scope of the Regulations to help businesses to plan ahead.

Section 51 and Schedule 21 enabled the enforcement of a number of public health measures relating to potentially infectious persons to control the spread of COVID-19 in the United Kingdom. The provision was used minimally and has not been applied since October 2020. In 2021, a review of all remaining temporary provisions in the Coronavirus Act 2020 took place, with those no longer deemed necessary and proportionate recommended for expiry. The outcome of the review was set out in the nineth two-monthly report on the Act and was set out in the Winter Plan published on 14 September 2021. The Government recommended the expiry of section 51 and Schedule 21 of the Act as it pertains to England. The Coronavirus Act 2020 (Early Expiry) (No.2) Regulations 2021 came into force on 9 December 2021 which expired section 51 and Schedule 21 in relation to England and on behalf of Northern Ireland.

There is a legal requirement for in-scope businesses, including shops, to display signage to inform the public that face coverings are mandated in their premises, unless they are exempt from wearing them or have a reasonable excuse. Staff should remind people of the requirement to wear a face covering, but this should not result in anyone having to prove that they have an exemption or reasonable excuse. If necessary, police and police community support officers can issue a fixed penalty notice to anyone who does not comply without a valid exemption or reasonable excuse.

No specific assessment has been made. However, evidence suggests that face coverings are effective in reducing transmission of COVID-19 indoors when people are likely to be in close proximity, such as on public transport or in shops.

In some instances where a business has demonstrated that they have rectified the issues that caused their removal from the list and no further concerns, investigations or issues have come to light, they have been returned to the list.