Vape Shops and Planning Permission: A New Front in Tobacco and Vapes Regulation

Recent proposals indicate that the government intends to consult on changes that would give local authorities greater control over where vape shops can operate, potentially moving them out of the broad commercial use categories that currently allow many premises changes without a specific planning application.

That planning angle matters because it shifts the regulatory focus from what vape retailers can sell to where they can trade. It also gives this latest development a different emphasis from our recent commentary on the delayed licensing consultation under the Tobacco and Vapes Act 2026 (“the Act”).

By way of background, the anticipated consultation on the new licensing framework for tobacco, vape and nicotine product retailers has been pushed back until 2027. That delay means businesses remain without detailed clarity on how the future licensing regime will operate, despite the direction of travel under the Act being clear. 

However, the licensing delay should not be mistaken for a pause in regulatory reform. Measures relating to the “smoke-free generation”, advertising restrictions and wider controls on tobacco and nicotine products continue to progress. The planning proposals therefore need to be seen as part of a broader shift towards more intensive regulation of the tobacco and vape sector. 

The key point for vape retailers is that planning control would operate at a different stage from licensing. A licensing regime regulates permission to carry on a particular activity. Planning control affects whether a particular premises can be used for that activity in the first place. If the proposals proceed, planning due diligence will become an essential part of any site acquisition or expansion strategy.

Recent reports suggest that new vape shops could be required to obtain planning permission before opening. At present, vape retailers generally fall within broad commercial use categories, which can allow premises to change use without a specific planning application. A separate planning category for vape shops would give councils a more direct role in deciding whether, and where, new outlets should be permitted. 

The proposals are being presented as part of a wider initiative aimed at giving communities more influence over the composition of local high streets. Alongside possible changes affecting betting shops and adult gaming centres, the reforms would enable councils to assess new vape shop applications by reference to local planning considerations, including the character of the area, the concentration of similar uses and the objectives of local high street strategies. 

For operators, the practical implications could be significant. Site selection may become more complex, particularly in areas where there is already political or community concern about the number of vape outlets. Businesses may need to build planning application timescales, consultation risk and the possibility of objections into commercial timetables. Landlords and tenants may also need to revisit assumptions about permitted use, conditionality in agreements for lease, rent commencement dates and responsibility for securing planning consent. 

The interaction between delayed licensing reform and proposed planning controls creates an important risk management issue. Retailers are still waiting for detail on the future licensing framework, but they may face new location-based controls before that regime is fully developed. That means regulatory considerations can no longer be limited to product compliance, age-verification procedures or trading standards issues. It must also include property strategy, use-class analysis, local planning policy and the likelihood of objections to new openings.

Existing operators should also be alert to the possibility that local authorities may use any new powers to shape the future profile of high streets more actively. Even if existing premises are not immediately affected, expansion plans, relocations, franchise arrangements and portfolio acquisitions could all require closer planning review. For businesses looking to grow, early advice on planning constraints may become as important as advice on licensing and retail compliance.

The direction of travel is therefore clear. The delay to the licensing consultation may give businesses a longer runway to prepare for one part of the Act regime, but it does not remove the need for immediate horizon-scanning. If the planning proposals proceed, vape retailers will need to treat planning due diligence as a central part of regulatory compliance. The question will not simply be confined to whether a business is licensed to sell vape products, but it will also include whether it can secure and retain the right premises from which to do so.