Restriction on Smoking (Amendment No.3) (Jersey) Law 2013 (Appointed Day) Act 201-, and Restriction on Smoking (Vending Machines) (Jersey) Regulations 201-

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A decision made 10 December 2013:

Decision Reference: MD-HSS-2013-0050

Decision Summary Title :

Draft Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013 (Appointed Day) Act 201- and associated Draft Regulations

Date of Decision Summary:

3 December 2013

Decision Summary Author:

Acting Senior Public Health Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Written Report

Title :

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 201-

Date of Written Report:

October 2013

Written Report Author:

Acting Senior Public Health Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Draft Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013 (Appointed Day) Act 201-

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 201-

Decision(s):

The Minister approved the Draft Appointed Day Act to bring into effect the Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013, along with the Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 201-, which together prohibit the sale of tobacco from vending machines and which achieve the alignment of fines for breaches of tobacco Regulations.

The Minister is asked to refer the Draft Appointed Day Act and Draft Regulations to the Greffier of the States for lodging “au Greffe” and subsequently for debate on the same date, with the Draft Appointed

Day Act to be debated immediately before the Draft Regulations.

Reason(s) for Decision:

The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to reduce smoking prevalence of young people in Jersey. Restricting the advertising, promotion and display of tobacco alongside prohibiting the sale of tobacco from vending machines would reduce the ease of access for young people to tobacco products.

Resource Implications:

Additional enforcement duties would be carried out within existing capacity of the Environmental Health Team at the Public Health Department: there are therefore no additional financial or manpower implications arising

Action required:

Request the Greffier of the States to arrange for the Draft Appointed Day Act and Draft Regulations to be lodged “au Greffe” for debate by the States Assembly, with the Draft Appointed Day Act to be debated immediately before the Draft Regulations.

Signature:

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013 (Appointed Day) Act 201-, and Restriction of Smoking (Vending Machines) (Jersey) Regulations 201-

Draft Restriction on Smoking (Vending Machines) (Jersey) Regulations 201-

REPORT

Background

Children are most likely to take up smoking during their teenage years. It is estimated that someone who starts smoking at the age of 15 is 3 times more likely to die of smoking-related cancer, than someone who starts in their late 20s. Approximately 17% of young people smoke tobacco. In Jersey the number of young people who describe themselves as ‘smoking regularly’, doubles between the ages of 13 and 16 years of age.

Tobacco vending machines continue to represent an accessible and ready supply of tobacco for children under the legal age of purchase. Despite increased retailer vigilance and increased restrictions on their placement, a significant number of children still report buying tobacco from vending machines. Approximately 6% of underage tobacco purchases by 14 – 15 year-olds came from tobacco vending machines. Anecdotal evidence from young people would suggest that the extent to which tobacco vending allows access to tobacco is under-represented in the survey. A survey of 11-15year olds carried out in the UK before their law was introduced in 2011 found that for 17% of smokers vending machines were their usual source.

A more detailed picture is offered by a survey by the Local Authority Regulatory Standards reporting on test purchases by young people under the supervision of trading standards officers. The research found that young people were able to buy cigarettes from coin-operated vending machines on more than 4 in 10 occasions, with a number of Councils reporting a 100% successful purchase rate.

Some Councils found that where children were successfully prevented from purchasing from vending machines it was because the machine was broken rather than because they were challenged. It also suggests that vending machines are likely to be a common source of cigarettes for 16–18 year-olds and underlines the need to prohibit sales from this source. A similar outcome was found in a test purchase exercise in south-west England, where 73% of attempts by 15 year-olds to purchase tobacco were successful.

Currently, 22 countries in Europe ban or have never allowed sales from vending machines of tobacco. Prohibiting the sale of tobacco products from vending machines will bring Jersey in line with the majority of European nations and will reduce children’s access to tobacco. The sale of tobacco products from vending machines became illegal in England from 1st October 2011. Prohibition of the sale of tobacco products from vending machines was included as part of the Health Act 2009.

The States of Jersey Tobacco Control Strategy (2010-2015) identifies the prohibition of tobacco vending as a key action. It is a crucial step as part of a breath of measures to meeting the headline targets for reducing the number of children under 16 years old who smoke to under 5%.

Timeline

The necessary enabling amendment to the Restriction on Smoking (Jersey) Law 1973 was adopted by the States on 30th April 2013 from Projet P.18/2013. The Restriction on Smoking (Amendment No. 3) (Jersey) Law 2013 (“the Law”) was subsequently sanctioned by the Privy Council on 13th June and registered in the Royal Court on 21st June 2013. The Draft Appointed Day Act which will bring the Law into force on 30th October 2014 is lodged as P.###/2013.* These Draft Regulations are set to come into force on the same day as the Law.

Policy aims of the Regulations

To prevent ease of access to tobacco for young people
To discourage the number of young people from starting to smoke.

Conclusion

The number of children smoking in Jersey is falling. In order to keep this trend in the future, it is important that we take measures that are consistent with the overall aim of reducing the number of children who smoke.

Financial and manpower implications

The draft Regulations will impose additional enforcement duties on the Health Protection Department, but these will be managed within existing resources. No further additional resources have been identified.

Martin Knight

Acting Senior Public Health Manager

31 October 2013

* P. number of the Draft Appointed Day Act to be inserted by the Publications Editor when the Act and Regs are both lodged.