Derry clamps down most robustly on sale of tobacco to minors

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Derry City & Strabane District Council clamped down more robustly on the sale of tobacco to minors than anywhere else in the north, a new report reveals.

Fifty per cent of fines issued for the offence were issued in Derry and Strabane, according to the Comptroller and Auditor General Dorinnia Carville, who has called for a more consistent approach to enforcement.

A new report on tackling the public health impacts of smoking and vaping shows DC&SDC was best in class at enforcement.

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"In 2022-23, only 10 of the 43 identified tobacco age-of-sale offences (21 per cent) were fined through Fixed Penalty Notices (FPNs), with the rest dealt with through warnings or cautions.

Derry City & Strabane District Council clamped down more robustly on the sale of tobacco to minors than anywhere else in the north.Derry City & Strabane District Council clamped down more robustly on the sale of tobacco to minors than anywhere else in the north.
Derry City & Strabane District Council clamped down more robustly on the sale of tobacco to minors than anywhere else in the north.

"Enforcement approaches also varied significantly. For example, whilst FPNs were issued for all five offences identified in Derry and Strabane, none were issued for seven offences in Armagh, Banbridge and Craigavon and only one was issued for 11 offences in Mid Ulster.

"With individual councils having autonomy over their enforcement approaches, we consider that a review of current practices to assess their overall value and impact may be beneficial.

"This report also highlights how the need to now carry out test purchases of both tobacco and vaping products raises question over whether councils will have sufficient resources to adequately fulfil this dual function,” her report states.

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Local businesses stocking vapes do not currently have to register with councils, even though a requirement for tobacco retailers to register has been in place since April 2016.Local businesses stocking vapes do not currently have to register with councils, even though a requirement for tobacco retailers to register has been in place since April 2016.
Local businesses stocking vapes do not currently have to register with councils, even though a requirement for tobacco retailers to register has been in place since April 2016.

Ms. Carville said the health service has made significant progress in reducing smoking prevalence but that levels remain concerningly high among some of the most vulnerable.

Her report notes an estimated 320,000 people aged 16 and over currently smoke in the North, representing 14 per cent of the total population - compared with 24 per cent of the population in 2010-11.

But the report notes that smoking prevalence is significantly higher among the most deprived areas (24 per cent) compared to the least deprived (7 per cent).

Around 2,200 pregnant women continue to smoke annually, and emerging research suggests a high smoking prevalence amongst people with mental health issues.

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Around 15 per cent (2,200) of deaths in the north are attributable to smoking every year.Around 15 per cent (2,200) of deaths in the north are attributable to smoking every year.
Around 15 per cent (2,200) of deaths in the north are attributable to smoking every year.

• Around 15 per cent (2,200) of deaths in the north are attributable to smoking every year.

• There are around 35,000 smoking-related hospital admissions recorded in the north annually.

• The Department of Health estimates that local hospitals incur annual costs of around £218 million in treating smoking-related illnesses.

• A Public Health Agency estimate of other factors, including premature deaths and excess sickness absence, indicates that local annual economic costs arising from smoking are around £450 million.

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• Smokers with a 20-a-day habit incur annual costs of over £4,600, impacting disproportionately on lower income households.

The NIAO notes that over the last decade, the tobacco control budget has predominantly been directed towards encouraging existing smokers to quit, with 75 per cent spent on specialist services and therapies.

In 2010 around 34,000 set quitting dates via smoking cessation services, but this fell to 14,000 in 2019-20, and 8,000 in 2022-23.

The report recommends that the Department of Health and Public Health Agency consider the merit to increasing support for preventative measures aimed at discouraging people from starting smoking.

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The increased prevalence of vaping presents new challenge, the NIAO note.

While the report acknowledges notable progress in reducing overall smoking prevalence in the North over the last decade, it also observes that the rapid emergence of vaping has presented new challenges.

Vaping levels among adults have almost doubled from 5 per cent of the population to 9 per cent between 2014-15 and 2022-23.

The most recent Department of Health survey suggests 9 per cent of local 11-16 year olds here are vaping, with 6 per cent doing so regularly (an increase from the respective levels of 6 percent and 3 per cent in 2019).

Underlying this, 24 per cent of Year 12 children vape.

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Research to date has highlighted benefits of adults vaping to help them quit smoking but not enough is known yet on potential long-term health effects. UK public health bodies all agree children should not vape.

The report also considers the enforcement of tobacco control legislation by local councils on behalf of the PHA, including ‘spot checks’ at retailers and businesses, to identify if tobacco or vaping products are being sold to children.

While over 5,000 tobacco test purchases were made by councils between 2011-12 and 2018-19 (identifying 570 age-of-sale offences), the report notes that targets set by the PHA for the required number of annual visits and test purchases were often not met.

The report notes local businesses stocking vapes do not currently have to register with councils, even though a requirement for tobacco retailers to register has been in place since April 2016.

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It recommends the health service reassess the budgetary requirements for delivering a future combined tobacco and vaping strategy, and that it considers quality standards to ensure a more consistent approach to enforcement.

Ms. Carville stated: “As well as remaining the greatest cause of preventable illness and death globally, smoking is also the cause of some of the largest health inequalities locally.

"In NI, smoking related deaths are 98 per cent higher in the most deprived areas compared with the least deprived. Similarly, lung cancer deaths are 151 per cent higher and women are more than four times as likely to smoke during pregnancy.

“The reduction in overall smoking prevalence over the last decade highlights how progress is achievable in this area, but the issue clearly remains a major threat to public health and a strain on public finances.

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“As the DoH develops its new strategy, due for publication later this year, my report highlights several recommendations and issues for consideration.

"Whilst smoking levels have been reducing, vaping amongst adults and children is increasing, and there is evidence of a greater need to focus on prevention, supported by enhanced enforcement of tobacco and vaping regulations.

"A renewed strategic approach, that responds to these changes and emerging challenges, will be vital to sustain the advances made to date and reach those most impacted by smoking and vaping.”