Smokefree - frequently asked questions

We have listed some frequently asked questions about smokefree or smoking shelters. If your question is not answered here please contact us.

What types of smoking does smoke free law cover?

It covers all tobacco or any other substance which is burned and inhaled.

This includes hand rolled cigarettes, manufactured cigarettes, smoking pipes, herbal cigarettes, shisha and water pipes.

Does smoke free cover e-cigarettes and vaping?

No.

E-cigarettes and personal vaporisers are not included within the smoke free laws.

For the smoke free legislation to apply a substance needs to be burnt. E-cigarettes and personal vapours are battery operated so a vapour is produced rather than smoke.

It would be down to the individual premises or workplace to decide whether e-cigarettes and personal vaporisers should be allowed. This would need to be included in the business smoke free policy.

Further information on using e-cigarettes in public places and workplaces can be found from Public Health England or ACAS.

Do businesses have to provide a place for employees or visitors to smoke?

No.

If a smoking shelter is provided it must not be enclosed or substantially enclosed.

It must be less than 50% enclosed.

Does smoke free law apply to temporary structures?

Yes.

Any temporary structure including marquees, gazebos, tents will be included within the law regardless of how long the structure will be in place.

Is a staff smoking room still allowed?

No.

If the area is enclosed or substantially enclosed it must be smoke free.

I work from home, does my home need to be smoke free?

Residential premises do not need to be smokefree.

If a part of the home is used solely for business and is a place of work for someone who does not live there, or members of the public visit, then it would need to be smokefree.

I use my vehicle for work, can I smoke in it when I am on my own?

No.

If a vehicle is used for work purposes, from occasional use to regular use, they must remain smoke free at all times.

I am a taxi driver/private hire vehicle driver, can I smoke when I am not working?

No.

The vehicle must remain smokefree at all times.

I don’t have any employees, does my business premises have to be smoke free?

If you don’t have any employees and members of the public do not access the premises then you do not need to be smoke free.

If members of the public access the premises or other employees access the premises at different times then the premises must be smoke free at all times.