Northern Ireland Guidance - Tobacco, vaping and nicotine products: fixed penalty notices

Summary

This guidance provides information about the fixed penalty notices (FPNs) that apply to a range of offences related to:

• tobacco products
• herbal smoking products
• cigarette papers
• vaping products
• nicotine products

An FPN is a financial penalty. It gives the person the opportunity to avoid prosecution for an offence if they pay the fine within a specified time period. FPNs already exist for a range of offences, from littering to parking.

From 29 October 2026, local councils will be able to issue FPNs for a range of offences relating to tobacco products, herbal smoking products, cigarette papers and vaping and nicotine products.

Local councils are already able to issue FPNs for a range of offences relating to some of these products. These existing FPN regimes are being extended to cover new and expanded offences.

This guidance is mainly for retailers, who will need to understand the changes in the law. It may also be useful for:

• wholesalers
• business owners
• enforcement authorities
• people who use these products

This guidance should be read along with the guidance on other measures in the Tobacco and Vapes Act 2026, which provide further details on the offences for which FPNs will apply. These are:

• Selling tobacco, herbal smoking products and cigarette papers
•  Selling vaping and nicotine products
•  Tobacco and vaping product vending machine ban

Products in scope

The products in scope of the FPNs are:

• tobacco products
• herbal smoking products
• cigarette papers
• vaping products
• nicotine products

For tobacco products, this includes but is not limited to:

• cigarettes
• hand rolling tobacco
• cigars
• cigarillos
• pipe tobacco
• waterpipe tobacco, such as shisha
• nasal tobacco, commonly known as snuff
• chewing tobacco
• heated tobacco
• tobacco blunts

For herbal smoking products, this includes but is not limited to:

• herbal blunts
• herbal cigarettes
• herbal shisha

For vaping products, this includes but is not limited to:

• vape devices, such as vape pens
•  substances to be vaped, such as e-liquid
•  related components, such as coils and vape pods 

For nicotine products, this includes but is not limited to:

• nicotine pouches (tobacco-free pouches containing nicotine powder that are placed between the gum and lip)
• nicotine strips (dissolvable films containing nicotine that are placed on the tongue or between the gum and lip)
• nicotine pearls (small dissolvable balls containing nicotine that dissolve under the tongue)

All types of nicotine are included in the scope, including synthetic nicotine produced in a lab, rather than extracted from plants.

Offences outlined in this guidance do not apply to:

• components such as batteries, charging devices and electrical leads (these products are covered by wider consumer protection and safety legislation)
• medical devices
• medicinal products

Offences for which an FPN can be issued

From 29 October 2026, a person may be issued with an FPN if they:

• run a tobacco products or herbal smoking products business when not registered on the Northern Ireland Tobacco, Vape and Nicotine Retail Register
• run a tobacco products or herbal smoking products business when registered at premises other than those noted in the person’s entry on the Northern Ireland Tobacco, Vape and Nicotine Retail Register
• fail without reasonable excuse to notify certain changes affecting registration 
• sell tobacco products, herbal smoking products, or cigarette papers to anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
• fail to display a tobacco age of sale sign that states “It is illegal to sell tobacco products to anyone under the age of 18” in a prominent place and visible at the points of sale of tobacco products (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
• a person who purchases, or attempts to purchase (proxy), tobacco products, herbal smoking products or cigarette papers on behalf of anyone under the age of 18 (applies until 31 December 2026 - see section below for offences applying from 1 January 2027)
• sell vaping or nicotine products to anyone under the age of 18
• a person who purchases, or attempts to purchase (proxy) vaping or nicotine products on behalf of anyone under the age of 18
• have management or control of a premises on which a vending machine selling tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products are available for use
• sell cigarettes that are not in their original packaging
• give away, or allow the giving away of, any product or coupon to a member of the public where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product
• sell, or allow the sale of any product or coupon at a substantial discount where the purpose is or the effect will be to promote a tobacco product, herbal smoking product, cigarette paper, vaping product or nicotine product
• fail to display a notice on a premises subject to a restricted premises order, which would prohibit the sale of one or more relevant products on the premises for a period specified in the order
• fail to remove tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products from a retail area where a restricted premises order applies

Fixed penalty notices from 1 January 2027

From 1 January 2027, a person may be issued with an FPN if they:

• sell tobacco products, herbal smoking products or cigarette papers to anyone born on or after 1 January 2009
• purchase, or attempt to purchase (proxy), tobacco products, herbal smoking products or cigarette papers on behalf of anyone born on or after 1 January 2009 

From 1 January 2027, tobacco retailers may be issued with an FPN if they fail to display a tobacco age of sale sign in a prominent place that is visible at each point of sale of tobacco products. This sign must meet minimum size requirements, set out in NI guidance ‘Selling tobacco, herbal smoking products and cigarette papers’, and must state:

“It is illegal to sell tobacco products to anyone born on or after 1 January 2009”

Fixed penalty notices from 1 March 2027

From 1 March 2027, a person may be issued with an FPN if they:

• run a tobacco, vape or nicotine products business when unregistered
• run a tobacco, vape or nicotine products business when registered at premises other than those noted in the person’s entry on the register

Further information

For more information on FPNs see:

• Articles 4B, 4C, 4H, 4I, 4J and 4L of the FPN – ‘Health and Personal Social Services (Northern Ireland) Order 1978’ https://www.legislation.gov.uk/nisi/1978/1907/contents  (available from 29 October 2026)
• Articles 4A and 4D of the ‘Health and Personal Social Services (Northern Ireland) Order 1978’ https://www.legislation.gov.uk/nisi/1978/1907/contents (available from 1 January 2027)
• The Tobacco Retailers Act (Northern Ireland) 2014 https://www.legislation.gov.uk/nia/2014/4/contents (from March 2027)
• The Tobacco Retailer (Fixed Penalty) (Amount) Regulations (Northern Ireland) 2016  https://www.legislation.gov.uk/nisr/2016/180, which will be updated to align with associated offences and dates
• The Tobacco Retailer (Fixed Penalty) (General) Regulations (Northern Ireland) 2016 https://www.legislation.gov.uk/nisr/2016/98/contents, which will be updated to align with associated offences and dates

Liability to receive an FPN

A person may receive an FPN if they commit a relevant offence, as outlined in the previous section. It will be for the relevant local council to decide who receives the FPN - for example whether to issue the FPN to the business owner or a retail worker. 

It is not an offence for an underage person to buy a relevant product for their own use. They will not receive an FPN because they have not committed any offence. It is the business or individual selling the product to an underage person that is liable to receive the FPN.

For proxy purchasing, a person who buys or attempts to buy a relevant product on behalf of someone who is underage is liable to receive an FPN.

Amount of the fixed penalty

The amount of the FPN is set in law.

The amount of existing, new and revised FPNs is determined by the nature of the offence and is subject to Regulations specifying the Fixed Penalty Notice (FPN) amount being made.

FPNs can be issued at a level of up to:

• £500 for registration-related offences
• £250 for offences relating to the retail sale of products

The amount of the penalty is subject to a 25% reduction where payment is made within the set early payment period.

Details on the relevant early payment periods are included in the following sections on payment.

Paying fixed penalty notices

The existing payment periods and mechanisms will remain in place. If payment is made within the first 14 days of the period of the FPN, the amount payable is reduced by 25%. This is the early payment period.

Paying the FPN is an alternative to criminal prosecution. If a person pays the FPN within 28 days, legal proceedings cannot be taken against them for that offence, and they cannot be convicted of it.

If the person does not pay by the deadline, then proceedings in relation to the offence can be started and may attract a higher penalty. The maximum level of the criminal penalty on conviction will depend on the offence committed.

Challenging an FPN

The FPN provides a person accused of committing an offence with the opportunity to pay the penalty, so no further action is taken. If a person does not pay by the end of the payment period, then they may be prosecuted and the case will go to court.

If a person believes they have not committed the offence, they can choose not to pay the penalty and defend themselves in court.

Persistent offenders

Retailers may be subject to restricted premises orders and restricted sales orders if they commit 3 relevant offences within a 5-year period. These orders will be in effect for the period specified in the order, but that period must not be less than 28 days or more than 3 years.

Payment of a FPN does not prevent that offence counting towards the persistent offending provisions of the Tobacco Retailers Act (Northern Ireland) 2014. 

Where the statutory threshold for persistent offending has been met, a council may apply for a Restricted Premises Order (RPO) or Restricted Sales Order (RSO) irrespective of whether any relevant FPNs have been paid.