New licensing system for tobacco and vapes to come into effect in February 2026
A new licensing system for the retail sale of tobacco products and nicotine inhaling products such as e-cigarettes will come into operation on 2 February 2026. The Minister for Health, Stephen Donnelly and the Minister for Public Health Wellbeing and the National Drugs Strategy Colm Burke have today announced the commencement of the remaining sections of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023, including this.
Currently persons wishing to sell tobacco products from one or more premises, need only to register and pay a once-off fee of €50. There are no requirements for persons wishing to sell nicotine inhaling products.
Under the new system, annual licences will be required for the sale of tobacco products and nicotine inhaling products for each premises from which either product is sold. Applications must be made to the National Environmental Health Service of the HSE which has been given the power to issue licences.
Regulations made by the Minister set the annual licence fee at €1,000 for the sale of tobacco products and €800 for the sale of nicotine inhaling products. The law also provides that licences will not be issued for temporary or mobile premises, e.g. pop-up shops at festivals, and that licences can be suspended or revoked.
In addition, the Minister commenced the requirement for retail workers that sell these products to be over 18 years of age, with some exceptions for family members, and a power for the National Environmental Health Service, the enforcement authority, to publish the names of those businesses that have been convicted of tobacco control offences.
Minister Donnelly said: “I’m hopeful that the introduction of an annual fee from next year for the sale of tobacco products will act as a disincentive for some retailers to stock these products at all as it is the government’s objective to eliminate tobacco use. Similarly it is my intention that a licensing regime for nicotine inhaling products will similarly reduce the number of outlets where they are sold, in turn reducing the use of vapes by young people and non-smokers.
“Retailers have always shown cooperation and compliance on the introduction of new tobacco control measures and I look forward to that same spirit on the introduction of this system. Retailers have known that this system was planned since we introduced the legislation in 2023, and I’m confident that the significant further 13-month lead-in time will ensure retailers have sufficient notice to prepare for this. It will be another important achievement within our overall strategy to reach a tobacco free Ireland.”
Minister Burke said: “The introduction of this licensing system means that our enforcement agency will have up to date information and oversight of the sale of these products throughout our country. Tobacco products alone cause an estimated 4,500 deaths each year in our country as well as an enormous range of disease and serious health complications.
“Ireland has long been a world leader in implementing effective measures to drive down smoking rates and reduce tobacco-related harm, and these measures are an important step in safeguarding the health of our population now and for future generations.”