NSW tobacco licensing scheme

Retailers and wholesalers must have a licence to sell tobacco products in NSW

Retailers and wholesalers must have a licence to sell tobacco and non-tobacco smoking products in NSW.

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About the tobacco licensing scheme

NSW's tobacco licensing scheme commenced on 1 July 2025. Tobacco retailers and wholesalers must have a licence to sell tobacco and non-tobacco smoking products in NSW, unless they applied for a licence on or before 1 October 2025 and their application has not yet been decided.

NSW Health inspectors are monitoring compliance with the requirements to hold a licence to sell tobacco or non-tobacco smoking products. Trading without a licence may result in enforcement action being taken.

In NSW, vaping goods can only be purchased from pharmacies for therapeutic use. Pharmacies do not need a tobacco licence to sell vaping products. It is illegal for all other retailers such as tobacconists, supermarkets, and convenience stores to sell any type of vaping good, regardless of its nicotine content. Significant penalties apply.

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Who can submit an application for a licence?

An applicant may be an individual or a corporation. The application may be submitted through the online portal by any of the following people:

  • if the applicant is an individual; the individual themselves
  • if the applicant is a corporation; a director
  • if the applicant is a trust; a trustee
  • if the applicant is a partnership; a partner
  • a person authorised, in writing, to act on behalf of the applicant

How to apply for a tobacco licence

Retailers and wholesalers can apply for a licence using their MyServiceNSW account via Service NSW. The application is expected to take no longer than 20 minutes to complete online.

Applicants will enter details of their business structure (individual or corporation), ABN, address and business details of each premises where tobacco is sold (or, if an online business, details of any associated website).

Applicants will need:

  • proof of identity documents
  • a national police check certificate obtained within 3 months (this can take several weeks to process)
  • a credit card for payment at the end of the online application process.

If you are submitting an application on behalf of a corporation, trust or partnership, select the option to submit an application for a corporation.

After you apply for a licence, you will get an email notification that your application has been received and is being considered. We encourage you to check your spam or junk folder if you do not receive this email.

For more information about applying for a tobacco licence, visit Application requirements.

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Which businesses need a tobacco licence?

All retailers and wholesalers selling tobacco or non-tobacco smoking products in NSW need a licence.

A separate licence is needed for each premises where tobacco is sold. Online tobacco retailers will require a retail licence for each online store.

For example:

  • If you have an online store and a physical store, you require two licences.
  • If you have three physical stores, you require three licences.

Liquor licensed hospitality venues that sell tobacco over the counter or via a vending machine, or both, require a retail tobacco licence.

A vending machine supplier requires a wholesale licence if they supply vending machines with tobacco or non-tobacco smoking products inside or alongside the machine.

Further information on licensing requirements for vending machines can be found at: Factsheet - Tobacco vending machines.

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Licence fee

A fee of $1,100 applies for each licence. All retailers and wholesalers will need to renew their licence annually.

Requirements for holding a licence

Retailers and wholesalers who hold a tobacco licence must comply with tobacco retailing laws in NSW.  A copy of the licence must be displayed at the point of sale. For more information on tobacco retailing laws, visit Tobacco retailing laws in NSW.

Reasons a licence application may be refused

The NSW Health Secretary or delegate can refuse an application for a licence or refuse an application to renew a licence:

  • if you have been found guilty of an offence relating to the sale or supply of tobacco or vaping goods under any relevant state and Commonwealth legislation.
  • if you provide false or misleading information.
  • on the recommendation of a law enforcement agency, including the NSW Police Force, Australian Federal Police or other state, territory or Commonwealth agency. 
  • if you have been the recipient of a closure order (i.e. the owner or occupier of premises that are or have been subject to a closure order).
  • if you failed to comply with the requirements of another tobacco retail or wholesale licence in NSW
  • after considering other relevant information such as previous non-compliance with tobacco or vaping goods legislation

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Reasons a licence may be revoked

The NSW Health Secretary or delegate can also revoke an existing licence:

  • If you have been found guilty of an offence relating to the sale or supply of tobacco or vaping goods under any relevant state and Commonwealth legislation.
  • If you provide false or misleading information.
  • on the recommendation of a law enforcement agency, including the NSW Police Force, Australian Federal Police or other state, territory or Commonwealth agency.
  • if you have been the recipient of a closure order (i.e. the owner or occupier of premises that are or have been subject to a closure order).
  • if you have failed to comply with a condition of the licence (for a licence revocation).
  • If requested by the licence holder

Renewing a licence

Licences are valid for 12 months and need to be renewed annually.

You will receive renewal notices and reminders before your licence's expiry date.

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Closure orders for trading without a licence

The NSW Health Secretary or delegate can close a premises for up to 90 days if the premises is reasonably suspected to be selling tobacco or non-tobacco smoking products without a licence or selling illicit tobacco or vaping goods. A Local Court can close a premises for up to one year if it is satisfied that illicit tobacco or illegal vaping goods have been or are likely to be sold, or if tobacco or non-tobacco smoking products are sold or are likely to be sold without a licence, from the premises.

There are substantial penalties for continuing to sell products from a premises subject to a closure order. Further information on the closure order provisions and penalties can be found at Penalties and enforcement.

Fines and penalties

New penalties have been introduced for selling tobacco or non-tobacco smoking products without a valid licence. The maximum penalties are:

  • $660,000 for an individual
  • $880,000 for a corporation.

Penalties for a range of other tobacco retailing offences have also been significantly increased to reflect the seriousness of these offences. For more information on tobacco retailing penalties please see Penalties and enforcement.

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Requirement to notify the Secretary of relevant offences

Under Section 14F of the Public Health (Tobacco) Regulation 2022, it is a condition of a licence that licence holders must notify the NSW Health Secretary if a relevant person is found guilty or convicted of an offence related to tobacco products, non-tobacco smoking products or vaping goods in NSW or elsewhere. A relevant person of a licence holder, in respect of a licence includes:

  • a director,
  • a Registered Club Secretary,
  • a committee member of incorporated associations,
  • a partner in a partnership, or
  • a trustee of a trust

The notification must occur within 14 days of the finding of guilt or conviction, and can be made by:

  • calling the Tobacco Information Line on 1800 357 412
  • sending correspondence addressed to the Centre for Regulation and Enforcement, 1 Reserve Road, St Leonards 2065.

Failure to notify of a relevant offence may result in the revocation of the licence holder’s licence.

Support available

Call the Tobacco Information Line on 1800 357 412 if you have questions about the licensing scheme or if you need assistance with the application process.

Why the tobacco licensing scheme is needed

The tobacco licensing scheme:

  • ensures accurate information is collected on tobacco retailing and wholesaling activities in NSW to support enforcement efforts
  • deters tobacco retailing businesses from operating outside of the law
  • provides greater oversight of the tobacco retail industry
  • supports our comprehensive approach to tobacco control in NSW.

Related links

Current as at: Wednesday 22 April 2026