This week, a devastating fire ripped through the B-listed Victorian Union House in Glasgow. The building, sitting on the corner of Union Street and Gordon Street, was an iconic example of Glasgow architecture and formed part of the first impression for many visitors arriving in the city at Central Station. Now destroyed, very serious questions are being asked about the source of the fire.
Footage shared online suggests it originated from a newly opened vape shop beside the station entrance on Union Street. Numerous videos have been shared on social media showing smoke emanating from this unit on Sunday afternoon prior to the fire taking hold. At this stage, however, it would be premature to speculate and draw conclusions as to whether this was the source of the fire. All those affected will be patiently waiting for the results of a full investigation by the Scottish Fire and Rescue Service, which at this stage is ongoing. The incident has nevertheless prompted broader discussion about how permission was granted for a vape shop to open in this location and what role, if any, the Glasgow City Council (GCC) had in that process.
What control does GCC have over the sale of these products, if any, and what permission does a retail unit require to sell vapes?
Over the past 5 years, the popularity of vapes has soared, resulting in an increase in the number of shops, particularly in city centres, that exclusively retail these products. These are retail units and, provided they benefit from Class 1A retail use (previously Class 1 and Class 2 Use), no change of use planning application is required to commence trade. GCC Planning has no control over what products are supplied from a Class 1A unit unless a new application for permission is before them, and in determining the application, conditions are attached.
One criticism which has been levied at GCC is whether they should have granted another vape shop a licence. The sale of vapes, cigarettes and other tobacco products is not an activity that requires to be licensed by the Local Authority generally. If the shop had also proposed to retail alcohol, then permission would be required under the Licensing (Scotland) Act 2005. If the proposed trading hours were post-11 pm or pre-5 am and any food (defined by the Food Safety Act 1990 and includes anything from chewing gum to chips), was also to be sold, a Late Hours Catering Licence would be required under the Civic Government (Scotland) Act 1982, unless an exemption applies. This type of application involves consultation with Police Scotland, Environmental Health, Planning, local Councillors and the Community Council, and is thereafter determined by the Licensing and Regulatory Committee at GCC. There is no evidence to suggest that this shop held such a licence or indeed opened post-11 pm.
The sale of tobacco and nicotine vapour products (NVPs) is regulated by the Tobacco and Primary Medical Services (Scotland) Act 2010 and The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016, which require all retailers to register on the National Register before sales can take place. The registration scheme operates in conjunction with a fixed penalty notice scheme and the ability for courts to impose banning orders. This is a straightforward online registration process and does not involve any assessment of suitability. It was further streamlined last year to make the process as simple as possible for operators (see Tobacco and Nicotine Vapour Products Registration – Scotland – MSHB Legal). Unlike the Licensing (Scotland) Act 2005, which regulates the sales of alcohol, there are no objectives to be satisfied regarding public safety or consideration of premises suitability.
If the ongoing investigation concludes that a shop of this nature was the source of this devastating fire, there will be many questions asked, but it is highly unlikely any of those should be directed at the licensing teams within GCC. Within the FAQ section of the Scottish Government tobacco registration webpage, one question addresses the difference between a registration scheme and a licensing scheme. The answer given is as follows –
‘Whilst a licensing scheme has certain advantages it is also more burdensome on local authorities and retailers, as the retailer has to provide a sufficient level of information to allow the relevant authority to determine whether a retailer should be allowed to sell a product. A registration scheme merely requires a retailer to notify authorities that they are selling a product and is, therefore, simpler and less costly to administer. The Scottish Government has, on balance, opted for a registration scheme.’
It may be that, in light of recent events and developments in the sector in general, there are now calls to consider whether this approach remains appropriate.
