Agenda item

To be moved by Councillor Tinsley and seconded by Councillor Zach Collingham.

An amendment to the original motion was accepted by the mover and seconder of the original Motion and, therefore, in accordance with Procedure Rule 18(14) the amendment was incorporated into the Motion for debate (inclusions highlighted in bold italics). 

The original motion was moved by Councillor Tinsley and seconded by Councillor Zach Collingham. The amendment was moved by Councillor Clarke and seconded by Councillor Sutton. The substantive motion was:

This Council notes that:

1.    Illegal tobacco, counterfeit cigarettes and illegal vaping products continue to be sold within communities across Rotherham, undermining honest local businesses, exposing consumers to unsafe products and fuelling organised criminal activity.

2.    There has been a visible surge in dedicated high-street vape shops and unregulated mini-marts, often situated close to local schools. This has led to an alarming rise in both youth access to vapes, and the proliferation of illegal vapes, whether illegally large, illegally strong, or illegally spiked with dangerous psychoactive substances, including THC (cannabis) and synthetic cannabinoids.

3.    Residents, parents, schools and responsible retailers continue to raise concerns about underage sales and the growing availability of illegal vaping products to children and young people, as do elected members.

4.    Parliament has strengthened legislation through the Tobacco and Vapes Act 2026, increasing the importance enforcing standards in the run up to a new licensing regime.

5.    National enforcement agencies have identified organised criminal groups as being heavily involved in the illicit tobacco and illegal vape trade, which has been linked to both the drug trade and the slave trade.

6.    Trading Standards is the lead enforcement authority and effective enforcement relies on partnership with South Yorkshire Police and other agencies. The Police are unable to act alone.

7.    Whilst successful operations have taken place, the response to increasing intelligence and complaints indicates the Council’s Trading Standards team is understaffed and under resourced. This paralyses local enforcement and undermines public protection, with inaction and delayed investigations enabling rogue traders to operate with impunity.

This Council believes that:

1.    No child in Rotherham should be able to walk into a shop and illegally purchase nicotine products.

2.    No adult in Rotherham should be able to purchase illegal nicotine products.

3.    The overwhelming majority of retailers operate responsibly and enforcement should be firmly targeted at rogue traders.

4.    The illegal sale of tobacco and vaping products harms public health, damages legitimate businesses and funds organised crime.

5.    Those who knowingly sell illegal products or sell nicotine products to children should face the strongest sanctions available.

6.    Fixed financial penalties can be an anticipated ‘cost of business’ for rogue traders and the Council must be equipped, where appropriate, to make full use of Closure Orders, prosecutions, seizure powers and the Proceeds of Crime Act.

Therefore, this Council resolves to:

1.    Request an urgent review of Trading Standards staffing, capacity and resources.

2.    Request Trading Standards, Council Legal Services and South Yorkshire Police adopt a robust, intelligence-led enforcement approach, using Closure Orders against non-compliant retailers where possible to demonstrate a highly visible, zero-tolerance approach as a deterrent to other rogue traders.

3.    Increase intelligence-led underage test purchasing and proactive operations.

4.    Request that the Overview and Scrutiny Management Board (OSMB) considers this issue within six months and, where appropriate, refers elements to the relevant Select Commission(s). OSMB should receive a further progress report within 12 months.

5.    Request the Leader of the Council writes to Government seeking increased funding for Trading Standards for the Council’s increased enforcement role.

6.    Continue partnership working with South Yorkshire Police, schools, NHS and public health partners to protect children and disrupt organised criminal networks.

7.    Request that the Leader of the Council writes to the Government in support of the development and full funding of a national Trading Standards apprenticeship programme, recognising the urgent need to recruit, train and retain the next generation of qualified Trading Standards professionals to address workforce shortages and strengthen consumer protection. Council notes that the Trading Standards Manifesto calls for £14 million of investment to establish a dedicated apprenticeship scheme, funding three hundred apprenticeship places across the UK.

8.    Request that the Leader of the Council calls upon the Government to provide sustainable, long-term funding for Port Health Authorities to strengthen the UK's first line of defence against illegal imports. The council further notes the written evidence submitted by the Chartered Institute of Environmental Health to the Environment, Food and Rural Affairs Select Committee in April 2025, which concluded that workforce shortages, inadequate funding, poor intelligence sharing and weaknesses within the Border Target Operating Model are undermining the UK's border biosecurity system. Sustained investment in Port Health Authorities and local authority enforcement services is essential to preventing illegal tobacco, counterfeit cigarettes, and illicit vaping products from reaching local communities.

On being put to the vote the motion was carried.

Councillor Clarke declared a personal interest in this item as she worked alongside Trading Standards Officers. She remained in the Chamber and voted on the item.