Isn’t it time we used planning laws to butt out tobacco shops?

Our street retail strips really work best when they are places where we can go for healthy things, like buying fresh food, browsing a book store or making social connections at cafes and bars.

Unfortunately, it’s been all too often in recent years to find Sydney’s retail strips being over-run by tobacco shops.

The Daily Telegraph reported on 19 January that there had been a 50% increase in tobacco shops across NSW since 2018. It’s been widely speculated that this increase has been driven by the illegal sale of vapes and counterfeit cigarettes which are evading tax and packaging laws.

There’s no question that these shops are killers.

Tobacco smoking remains the leading preventable cause of death and disease in Australia, leading to the deaths of 20,000 Australians each year. 

Vaping either involves smoking nicotine, or is a gateway to smoking nicotine.

Already, one in seven 14-17 year-olds, and one in five 18-24 year-olds are  vapers. These young Australian vapers are around three times more likely to take up tobacco smoking compared to young Australians who have never vaped.

The Australian Government is trying to make it harder to bring vapes into Australia. 

From 1 January 2024, the importation of disposable vapes will be prohibited, subject to very limited exceptions. The ban will apply to disposable vapes irrespective of nicotine content or therapeutic claims.

However, in NSW, it will remain legal for retailers to sell vapes, as long as they don’t contain nicotine or make therapeutic claims, if the vapes were imported before 1 March 2024. It’s possible Australian legislation will be introduced later in 2024 to force a complete ban on the domestic manufacture or sale of vapes.

Apart from being killers, the stores (at least in Victoria) have been linked to organised crime trying to profit from the sale of illegal tobacco. Victorian Police have set up a taskforce to investigate dozens of fire bombings of tobacco stores in that State. 

With all the above facts, you would think our planning system would discourage tobacco stores. But, in fact, the opposite is true – they are given a dream run.

The existing NSW planning system requires higher-risk businesses such as liquor stores, bars, gun shops or adult premises to lodge a development application with the local council, before setting up shop in an existing premises. 

This application would need to be exhibited, and assessed by a council planner, before approval.

However, tobacco shops are not on that list, meaning they can rapidly set up shop either without any planning approval, or with a sign-off by a private certifier.

What’s more, there are also no planning controls on signage in relation to tobacco stores. This was shown when the signage for a new store was erected at Dulwich Hill in late January, with the words “Tobacco Candy Mart”.

This business has set up shop just metres a bus stop used by high school students from the nearby Dulwich Hill High School of Visual Arts and Design, and is clearly trying to attract young people.

The NSW Government last year cracked down on gambling-related signage at licensed premises, banning words such as “VIP Lounge”. 

But there are no similar controls on tobacco store external signage, despite the fact these stores are not allowed to display actual vaping devices or cigarette packages or advertising when you get into the store.

Everyone has seen the unsightly nicotine stains on the hands of lifelong smokers. 

Tobacco stores are like a visible nicotine stain on our retail strips. 

There are now nine of these stores alone at King St, Newtown. 

From this month, there will now be three in Dulwich Hill, where none previously existed in 2020 (removing a clothing store, real estate agency and Asian grocery store in the process).

It’s time to stop treating these stores as if they were new cafes, charcoal chicken outlets or newsagents. 

A range of liquor and gaming applications, including new hotels, clubs or bottle shops or late-night trading proposals, are required to be accompanied by a community impact statement.

Before approving the proposal, the NSW Liquor and Gaming Authority will consider issues such as the density of existing premises, local crime and anti-social behaviour statistics and measures taken by the proposal to reduce social impacts.

It’s high time to introduce a similar test for tobacco stores, and force them to apply to local councils. And, while we’re at it, introduce the type of external signage controls which now apply to gaming premises.