Wales proposes fixed penalties of up to £2,500 for selling energy drinks to under-16s
The Welsh Government plans to ban sales of drinks with more than 150mg of caffeine per litre to children. It is now asking how the ban should be enforced, with responses due by 17 December.
Shops and online sellers in Wales that sell a high-caffeine energy drink to a child under 16 could be handed a fixed penalty of £1,500 or £2,500 under enforcement plans the Welsh Government put out for consultation on Thursday 5 November. Responses are due by 17 December 2026.
The government says it intends to legislate for the ban, using powers in the Food Safety Act 1990, subject to the outcome of the consultation. This consultation is about how the rule would be policed. The restriction would apply to any drink other than tea or coffee that contains more than 150mg of caffeine per litre, the level at which drinks already have to carry a label saying they are not recommended for children or for pregnant or breastfeeding women. Concentrates and powders that are diluted or made up before drinking would be included. Caffeine pouches, gums and other products that are not drinks would not.
Sellers in scope
Every business selling to the public would be in scope, regardless of size. That takes in the out-of-home sector, shops that do not mainly sell food such as newsagents and clothes retailers, and online sellers delivering to customers in Wales. Wholesale and other business-to-business sales would be exempt.
Vending machines would not be allowed to sell the drinks at all. The government looked at exempting sites used mainly by adults and at age-checking technology, but concluded a complete ban would be clearer and easier to enforce. Responsibility would fall on whoever controls or manages the premises where a machine stands, which is how tobacco vending is treated in Wales.
Retailers would have to take reasonable steps to stop under-16s buying, without being told which method to use. The consultation gives a Challenge 25 policy, asking for photo ID when a buyer's age is in doubt, and electronic age assurance as examples. A seller who can show it took all reasonable steps would have a defence. For deliveries, the government wants views on whether the check should happen when the order is placed or when it arrives at the door.
Penalties and appeals
Selling to an under-16 would become a criminal offence carrying a fine of up to £2,500 on summary conviction. Councils' food authorities, in practice trading standards or environmental health teams, would enforce it and could issue a fixed monetary penalty instead of prosecuting, where they are satisfied beyond reasonable doubt that an offence took place. Prosecution would remain an option for serious, deliberate or repeated cases.
The proposed penalty is £1,500 for an individual or a business with fewer than 50 staff, and £2,500 for a business with 50 or more. A seller who receives a notice of intent would have 28 days to settle at half the amount or to object. After a final notice there would be another 28 days to pay or appeal to the First-tier Tribunal, and an unpaid penalty with no appeal lodged would go up by 50%. On the government's own worked figures, a £1,500 penalty would be £750 if settled early and £2,250 if left unpaid, while a £2,500 penalty would become £1,250 or £3,750.
The consultation also asks whether councils should be able to carry out covert test purchases for this offence. That would need changes to secondary legislation under the Regulation of Investigatory Powers Act 2000, which only the UK Government can make, and the Welsh Government says it is discussing the point with Westminster.
The health case and the timetable
The Welsh Government cites research from Teesside University linking energy drinks with headaches, stomach aches, tiredness, shorter and poorer sleep, irritability, anxiety and lower concentration and attainment. It accepts that no single study settles the question and that the evidence has limitations, but says the evidence taken together justifies legislation. An earlier consultation in 2022 drew 331 responses, 72% of which backed a restriction in principle, and a call for evidence followed in 2024. According to the BBC, the British Soft Drinks Association regards the proposed ban as unnecessary, arguing that the evidence on overconsumption and harm does not justify it.
No start date has been set. The government proposes six months between the regulations being made and coming into force, to give retailers time to train staff and change online systems. England is following a similar route: the UK Government confirmed in July 2026 that it would legislate, and its ban is planned to take effect in April 2027. Scotland decided in 2023 not to pursue mandatory restrictions at that time, and Northern Ireland has no statutory restriction.
