Freedom of Information request reveals concerns over city shops selling vapes to children
“A sandwich shop in the same street has a legal inspection cycle and these shops have none”
Figures obtained from a Freedom of Information (FOI) request have revealed that of 22 outlets caught selling vapes to children in Sunderland in the last three years, none were given any punishment other than a written warning.
Information provided by the FOI also raised concerns about the frequency with which retail outlets selling vapes are inspected with test purchases.
Over a three year period up to 2025-26, Sunderland City Council's trading standards department made 78 underage test purchase attempts compared to 185 shops in the city that could sell a vape, according to the Office for National Statistics.
Test purchases caught shops selling to children 22 times and every one of those 22 cases was dealt with by a written warning.
The figures show an overall fall in the number test purchases carried out during the period, despite increases in the councils trading standards budget which increased from from £62,985 to £106,551 to £191,462.
During the same period, the first year saw officers carry out 25 test purchases compared to 38 in the second year and 15 in the final year.
Sunderland City Council has defended the number of test purchases made and the fact none of the outlets received more than a written warning.
A spokesperson said: “Our trading standards team uses intelligence, complaints, local information and partnership work to target where they’ll have the greatest impact.
“Test purchases are one enforcement tool among many and, by their nature, are directed and targeted at premises where there are concerns, rather than an ongoing inspection cycle.
“These concerns often come from members of the public when questions are raised over management and the legitimacy of a premise’s trading status.
“Where any trading breaches are identified, we consider all available enforcement options and take action that’s proportionate.”
During the three year period in which the department’s budget increased, its seizures of vaping products rose from 4,891 items to 7,009 and the number of premises seized from rose from 13 to 24.
The report was created by Riot Lab, a UK-based e-liquid manufacturer and smoking cessation company that designs products to help adults quit smoking.
The report highlighted the lack of a statutory inspection framework for regulating vape outlets when compared to food premises, which must be inspected at least every three years.
Ben Johnson, chief executive of Riot Labs, said: “A sandwich shop in the same street has a legal inspection cycle and these shops have none, which is the whole problem.
“Sunderland tripled its trading standards budget over those three years and finished them running fewer underage checks than it started with, so this is not simply about money.”
Responding to the comparison, a Sunderland City Council spokesman said: “Whilst we act on public reports about food premises, inspections are subject to a statutory inspection regime and age-restricted sales enforcement is risk-based and intelligence-led.
“Our underage test purchases programme also focuses on products with high risks, such as tobacco, alcohol and knives.”
The report comes as the Government’s Tobacco and Vapes Bill is rolled out.
Measures include trading standards officers being able to issue on-the-spot £200 fixed penalty notices and potential prosecution, and ban on disposable vapes and ‘child friendly’ packaging names and marketing.
The Council spokesperson added: “We are aware of the new legislation which will provide further enforcement options.”
You can report concerns anonymously at: https://www.sunderland.gov.uk/article/29944/Illegal-tobacco-and-tobacco-products