El teorema de Heckscher – Ohlin (H – O):

Types of tobacco control activity

Overall broadly the same number of councils were involved in undertaking tobacco control activities as in the financial year 2010-11; however there is evidence that the scale of some of these activities has been decreasing. As in 2010/11, the greatest number of councils had undertaken tobacco control activities in relation to under-age sales activity (95 per cent), with the fewest councils working on niche tobacco products (44 per cent).

Under-age sales: complaints and visits by trading standards officers

The number of councils receiving complaints and enquiries was maintained in 2012/13, as was the average number of complaints and enquiries received by a council.

Although more councils had undertaken visits with trading standards officers in 2012/13 than 2010/11 (increasing from 77 per cent to 89 per cent), the average number of visits per council has significantly decreased from 96 to 48; this suggests a reduction in the overall level of activity within councils.

Small retailers, independent newsagents and off licences collectively were most likely to have been visited by trading standards officers (with 42 per cent, 20 per cent and 19 per cent of visits occurring at these types of premises respectively).

Figure 19: Which of the following did you use as the source of your guidance for these visit(s)?

90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Department of Health / Local Government Association

published guidance

Local authority

own guidance Other Don’t know 80%

23%

Surveys with volunteer young persons

Although the number of councils engaged in conducting surveys with volunteer young persons remained broadly the same, on average the number of visits undertaken with volunteer young people decreased per council (from a mean of 52 in 2010/11 to 34 in 2012/13). However, sales of cigarettes to volunteer young persons remained broadly the same as in 2010/11 across England (12 per cent of visits resulting in illegal sales compared to 15 per cent in 2010/11).

Although small retailers were most frequently targeted for visits to conduct test purchasing (37 per cent of all visits), the rate of underage-sales (percentage of cigarettes sold in relation to number of test purchases) at 12 per cent was not the highest. The highest level of sales was found at independent newsagents (with 16 per cent of visits resulting in illegal sales).

Noticeably in 2010/11, ‘other’ types of premises has a rate of underage sales of 41 per cent, which reduced to nine per cent in 2012/13. This may be an area of further research to ascertain why this has occurred.

Actions taken in relation to breaches to the Children and Young Persons Act 1933 (as amended)

The number of authorities taking action as a result of breaches to the Children and Young Persons Act 1933 were maintained in 2012/13 (with 77 per cent taking this action). The most common type of action taken was verbal or written warnings (71 per cent of councils taking action), with fewest councils undertaking legal proceedings (37 per cent of councils).

However there was evidence in a decrease in activity around some of the actions. The number of councils issuing simple cautions in 2012/13 decreased significantly to 42 per cent from 58 per cent in 2010/11. Additionally the mean average number of verbal or written warnings per council significantly decreased from six in 2010/11 to three in 2012/13.

Although the number of councils issuing simple cautions remained the same, the mean average number of simple cautions decreased from two per council in 2010/11 to one per council in 2012/13.

Although the number of councils undertaking prosecutions remained broadly the same, there was a significant reduction in the level of activity per council with a mean average of 0.6 prosecutions per council in 2012/13 compared to 1.4 prosecutions per council in 2012/13.

In 2012/13 lower fines were still common for successful prosecutions. Out of 56 fines, 86 per cent were for under £500 (which is similar to the 85 per cent of fines under £500 in 2010/11).

Similar to both 2009/10 and 2010/11 enhanced retailer sanctions were rarely used against premises (with only two restricted sales orders awarded in 2012/13).

Illicit tobacco product strategies

Awareness and involvement with illicit tobacco control strategies within the regions remained broadly the same with 71 per cent stating that there was a strategy in place (broadly the same as the 74 per cent who stated this in 2012/13).

Illicit tobacco control activities with HMRC

Levels of activity working with HMRC decreased. The number of councils working with HMRC reduced to just under half of all councils (46 per cent) from a high of 63 per cent in 2010/11.

Illicit tobacco products

The number of councils dealing with complaints and enquiries significantly increased in 2012/13 to 80 per cent (from 70 per cent in 2010/11).There was also a statistically significant increase in the mean average number of complaints and enquiries dealt with by councils (from 15 in 2010/12 to 20 in 2012/13).

The number of councils conducting visits with trading standards officers and the mean number of visits by trading standards officer however broadly remained the same as 2010/11.

A large proportion of councils (89 per cent) reported seizing illicit tobacco products; hand rolling tobacco was seized by a greater proportion of councils than any other type of illicit tobacco product for counterfeit products and cigarettes for smuggled products.

Similarly to action taken in relation to under-age sales, actions taken in relation to illicit tobacco products were more likely to be written and verbal warnings (50 per cent of councils) than prosecutions and simple cautions (22 per cent and 20 per cent respectively).

Advertising and the display of tobacco products

There were high levels of compliance with the advertising and display of tobacco products. Nearly all visits to large retailers resulted in a compliant outcome for both display and pricing requirements (97 per cent for both respectively). Similarly at wholesale/cash and carry business compliance was at 91 per cent for visits in relation to display requirements and 94 per cent for visits in relation to pricing requirements.

Only seven per cent of councils detected examples of enhanced displays for tobacco products in small premises Niche tobacco products

Levels of council activity in relation to the detection of niche tobacco products were maintained in 2012/13 (with 43 per cent of all councils undertaking this type of work).

However, despite the broadly similar levels of activity, a significantly greater proportion of councils detected niche tobacco products without appropriate labelling (an increase from 54 per cent of councils in 2010/11 to 84 per cent of councils). The type of niche tobacco most frequently detected was Shisha (58 per cent of councils), which was the same as in 2010/11.

As with under-age sales and illicit tobacco, written and verbal warnings were most frequently the action taken in relation to those who had detected niche tobacco (for 74 per cent of all councils).

Education initiatives

Education initiatives were most often (for 82 per cent of councils) undertaken with small retailers.

Regardless of the type of retailer targeted, underage sales were generally the focus of councils’ work, with education initiatives regarding niche tobacco products being least frequently undertaken.

Education initiatives were most often delivered at nearly all premises in the form of advisory visits (ranging from 79 per cent of councils for large retailers and 91 per cent of councils for petrol stations).

Collaborative working

Key partners who were most commonly worked with were PCTs (for 93 per cent of councils working collaboratively), with fewest councils (30 per cent) working with the fire service as their key partner.

Tobacco control was generally included in local authority health and wellbeing strategies (for 87 per cent of councils).

Electronic cigarettes

Councils have been providing advice on electronic cigarettes, with 54 per cent of all councils providing advice to retailers, consumers, importers or wholesalers. Most frequently advice had been provided to retailers (35 per cent).

Safety of electronic cigarettes has been the advice that councils provided most regularly (for 61 per cent of councils providing advice).

Advisory visits prior to the implementation of The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

Councils were proactive in undertaking visits prior to the implementation of The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010, with 62 per cent of councils making visits to business prior to the implementation of the Regulations.

Advisory visits prior to the implementation of The Tobacco Advertising and Promotion (Display) (England) Regulations 2010

A small number of councils had undertaken advisory visits to large premises and wholesale/cash and carry type businesses prior to the implementation of the Tobacco Advertising Promotion (Display) regulations, with just under a quarter of councils (24 per cent) making visits.

Annex 1

Additional guidance for TS undertaking Tobacco Control Activities Test purchasing and recording premise types

The DH has requested that data is collected around test purchase operations relating to the premise type. This will assist in identifying if there are additional needs for a particular business sector.

The following 8 categories have been selected and have been agreed with the DH.”. It is recognised that there will be occasions where a judgement is not straight forward; in such cases the main business type must be considered. Grocers

1. Large retailer - National e.g. Waitrose, Tesco, Sainsbury, Asda, Morrisons etc (may be a member of the British Retail

Consortium)

2. Small retailer - Independent e.g. Spa, Lo Cost (may be a member of the Association of Convenience Stores)

Newsagents

3. National Newsagent e.g. Martin McColl, WH Smiths

4. Independent newsagent - any business not part of a chain as above

Others

5. Off-licence - any sale of tobacco made from an off licence regardless of being national / local

6. Petrol station kiosk - any sale made from the shop attached to the petrol site whether as part of a "large

national" or not