High Court grants CSNA leave for judicial review to challenge fees
The CSNA submitted formal complaints to the Ombudsman and through engagement with TD’s requested the issue to be voiced in the Dáil
Print30 May 2025
The CSNA have recently been granted leave by the High Court in Dublin to proceed with a Judicial Review challenging the Government’s increase in tobacco and nicotine-inhaling product licensing fees.
The new licensing regime set to take effect in February 2026 would see fees rise from €50 per company to €1,800 per store annually in order to sell tobacco and nicotine-inhaling products.
The CSNA insist it stood for fairness, transparency, and the protection of independent retailers, and it believes this dramatic increase is both unjustified and unsustainable for its members.
Discovering new fees
When discovered that the Government planned to introduce new licensing fees for the sale of tobacco and nicotine-inhaling products, the CSNA insisted on imminent action.
It stepped forward in line with the voice of its members, to demand a seat at the table to ensure that any new fees would be fair, reasonable, and reflective of the realities faced by retailers.
The CSNA reportedly attempted to engage on numerous occasions directly with the Department of Health and the Joint Oireachtas Committee on Health to argue that these fees should reflect the actual costs of setting up the collection system, costs it firmly believe should have been managed by Revenue, not the HSE.
The CSNA also submitted formal complaints to the Ombudsman and through engagement with TD’s requested the issue to be voiced in the Dáil.
Despite extensive efforts including letters, meetings, Dáil debates, official complaints, and public campaigns the Government refused to consult with the CSNA, to engage, or to justify their decision.
On 17 December, a Statutory Instrument was signed into law confirming that in February 2026 would require retailers to pay €1,000 per store for tobacco sales and €800 per store for nicotine-inhaling products (a total of €1,800 annually per store).
The CSNA believes these fees are not just punitive; they are a ‘direct attack’ on small retailers, many of whom are already struggling with rising costs, unfair regulations, and economic uncertainty.
In response, the CSNA engaged a legal team consisting of senior counsel Michael McDowell and licensing solicitor Lorraine Compton to consider legal action.
Following research and advice, the CSNA compiled a case with arguments against the process and value of new licensing fees, and on the 12 March 2025, the CSNA filed a case to request a Judicial Review to challenge the ‘unjust’ fees.
The CSNA strongly believe that the Minister for Health exceeded his legal authority by imposing excessive charges without adequate consultation or justification.
The CSNA is pleased to report that the judge reviewed the case on Tuesday the 27 May and agreed that there is sufficient basis for it to proceed.
As a result, the new licensing fees will now be subject to further legal scrutiny in October or November of this year.
In the coming week, the CSNA will be sending a detailed letter to all members outlining its ongoing advocacy efforts on tobacco licensing.
The update will cover the work the CSNA have done to date, including the engagement with both the Department of Health and the Joint Oireachtas Committee on Health over the past year.
The letter will also explain the basis of its Judicial Review, why this issue is critical for independent retailers, and how you can support the campaign moving forward.
Read more: 88-year-old woman afraid to collect her pension, CSNA reports
© 2025, ShelfLife by Ryan Brennan
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