Mike Salem: Parliament passes complex new laws – leaving councils with the burden of implementing them locally

Mike Salem is a UK Country Associate for the Consumer Choice Center (CCC), focusing on economy, technology, and lifestyle.

Running up to the local elections, many candidates will promise to tackle local issues, while incumbents highlight their ability to maintain services despite rising demand and shrinking budgets. But an often overlooked problem lies deeper: the fundamental disconnect between local and national governments.

When Westminster legislates, it considers political priorities, manifesto pledges, and often Whitehall-centric perspectives. Take the Tobacco and Vapes Bill, currently in its Report Stage in the Lords. The Bill aims to ban cigarette (as well as a nicotine alternative, heated tobacco) sales to anyone born from 2009 and place heavy restrictions on vaping and other nicotine alternatives, such as flavours of vapes and nicotine pouches. While the intention may be public health, the real-world consequences on local authorities are significant.

Existing UK tobacco policy already makes smoking extremely expensive. A legal pack of cigarettes costs on average £16.60, compared with around £6.60 in much of Europe, a £10 difference. This is largely due to the UK’s tobacco duty “escalator,” which rises each year by inflation (RPI) plus an extra percentage point. Tobacco duty accounts for roughly 80 per cent of a pack’s retail price.

Bans like the 10-pack restriction under the European Tobacco Product Directive in 2016 pushed consumers to buy 20-packs instead. The unintended consequence? Illegal cigarette sales skyrocketed. Enforcement bodies and trading standards report that most UK residents live within minutes of illicit tobacco sources. Between 2021 and 2024, legal cigarette sales fell by 45.5 per cent, increasing pressure on locally funded Trading Standards services.

The proposed generational ban will only add to this burden, extending enforcement responsibilities to adults who previously could purchase legally.

The disposable vape ban, which came into effect on June 1st last year, provides a similar example. Many retailers continued selling existing stock at discounted rates rather than discarding it. Some were unaware of the ban entirely. The definition of “reusable” vapes was circumvented, allowing stronger battery devices to be sold at disposable prices, ironically creating more environmental harm than before.

Trading Standards officers have had to navigate this complex new regime, spending valuable time training staff and interpreting the legislation. Further restrictions on vape flavours, display, packaging, promotion, and other nicotine products such as heated tobacco and nicotine pouches will add more enforcement responsibilities, all without corresponding increases in local resources.

These examples illustrate how central government legislation puts immense pressure on local authorities. High streets are dying because legal options become expensive, illegal markets flourish, and small businesses struggle to survive. When illegal markets thrive, it also leads to increased criminal activities, with more dangerous streets which will now require more policy, and the cycle of financial doom multiplies. Business rates, set by central government, have been rising, yet councils only retain 50 per cent of the revenue in England, despite being its collectors. Local councils end up enforcing policies and collecting taxes while bearing the operational costs.

As you consider your vote in the forthcoming local elections, think about which councillors will stand up for your community and advocate for local authority interests in the face of overwhelming central legislation. Central government may legislate extensively, but it is local councils that bear the consequences. Ensuring they are equipped and supported is essential for healthy high streets, functional enforcement services, and practical local governance.

A prospective councillor who might promise you more from Westminster will end up hurting your pockets.