Planning authorities within local authorities are able to regulate the development of shops, including the creation of new shops.
But there is nothing they can do to halt the sale of vapes, against which there has been a public outcry since the major fire which destroyed the Union Street/Gordon Street corner buildings in Glasgow.
Marie McNair MSP and Minister Maree Todd on the dangers of vaping.
West Dunbartonshire MSP Marie McNair has been told that changes to the specific range of goods that are sold in an existing shop do not constitute development, so they are not within the scope of planning control.
However, Scotland has a tobacco and vape retail register, and all businesses must be registered to be able to sell those products in Scotland.
It is the responsibility of local authorities to enforce compliance with the register in their local areas, and it is already illegal to sell all such products to under-18s. The registration process means that illegality can be stamped out.
The Scottish Government is now taking action to tackle vaping among young people.
In its first 100 days in government, we will consult on the retail display of vapes in order to remove the appeal and visibility of vapes to young people.
Under the Tobacco and Vapes Act 2026, offences on the free distribution and nominal pricing of vapes will come into force on 29 October this year. From 1 June 2027, a comprehensive ban on advertising vapes will come into force, which will reduce young people’s exposure to vape adverts.
They are taking forward substance use education work in our schools through the Curriculum for Excellence.
And young people are learning about a variety of substances, including vapes, and information is available through the Young Scot, Parent Club and NHS Inform websites.
Marie McNair told MSPs: “I recently met one of my constituents to discuss her concerns about underage vaping. We both agree that vapes should be stored like cigarettes, with no colourful marking or flavours available, to make them much less appealing. I am aware of the cross-governmental work on the issue.”
Ms McNair asked for ministerial backing and a progress update on that before asking what more can be done to ensure that vapes are not available to those who are underage.
“We will consult on the retail display of vapes within our first 100 days in government. We are working closely with the Society of Chief Officers of Trading Standards in Scotland to strengthen the enforcement of existing legislation that bans the sale of vapes to those who are under 18, including through checks on the age of sale, alongside providing guidance and support to businesses.”