LANGUAGE
Last updated: March 4th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law provides that workplaces, including work vehicles, are smoke free at all times. There are a few limited exemptions to the prohibition on smoking in workplaces. Specifically, smoking is permitted in designated rooms in hotels, residential care homes, nursing homes, hospices, and prisons; and smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. Smoking is permitted in private dwellings when used as a workplace for certain types of activities. In addition, the law provides that if only part of a premises is used as a place of work, the premises are smoke free only to that extent. This provision may limit the application of the law and protection against tobacco smoke exposure, depending on the particular premises. Due to these limited exemptions, the regulatory status “Smoking is Restricted” is given.

As the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. To ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Smoking is prohibited in premises that are open to the public if they are also workplaces. Because the definition of “workplace” in the law is broad, public places are also workplaces except in very rare instances. There are a few limited exemptions to the prohibition on smoking in public places, including designated rooms in hotels, residential care homes, nursing homes, and hospices. In addition, smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. In the rare case that a public place is not a workplace, the public place is smoke free only when it is open to the public; and if only partially a public place, smoke free to that extent. Due to these limited exemptions, the regulatory status “Smoking is Restricted” is given.

To ensure universal protection against tobacco smoke exposure, the law should require all parts of all public places to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The regulations prohibit smoking in enclosed public transportation vehicles. The definition of “vehicle” in the Smoking Order 2006 excludes aircraft and watercraft, and therefore aircraft and watercraft are not within the scope of the smoke free legislation. However, in practice all airlines and watercraft carriers prohibit smoking on aircraft and watercraft in Northern Ireland. Therefore, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Government facilities fall into the category of places that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law provides that workplaces, including work vehicles, are smoke free at all times. There are a few limited exemptions to the prohibition on smoking in workplaces (e.g., hotel guest rooms, residential care homes); however, private offices are not among the exemptions listed. Thus, the law is interpreted as prohibiting smoking in indoor private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Hospitals fall into the category of places that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The prohibition on smoking in workplaces and public places does not apply to designated rooms that are used as accommodation for persons aged 18 years or over in residential care homes, nursing homes, and hospices providing palliative care. The “designated room” may be a bedroom or a room used only for smoking. There must be a written sign indicating that smoking is allowed in the room. The room must be fully enclosed (except for doors and windows) and separately ventilated, and the door must mechanically close immediately after use. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free, including all public areas of residential care facilities. The FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Non-residential healthcare facilities fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Childcare facilities and preschools fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in childcare facilities and preschools. However, smoking is allowed in a private dwelling when a worker provides personal care for a person living there.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. However, as the FCTC Art. 8 Guidelines provide, careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that people are protected from tobacco smoke exposure. Therefore, to ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Primary and secondary schools fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Universities and vocational facilities fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in universities and vocational facilities. However, Section 3 of the Smoke-free (Exemptions and Vehicles) Regulations 2007 allows smoking in “private accommodation,” which is interpreted as applying to non-shared lodging facilities within universities and vocational facilities. Because smoking is allowed in some designated bedrooms in universities and vocational facilities, the regulatory status “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to accommodation at universities and vocational facilities. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Shops

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Shops fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed as exemptions to the smoking ban. Therefore, smoking is prohibited in shops. However, there is an exemption for special tobacconists, wherein smoking is permitted by persons sampling cigars and pipe tobacco. The sampling room must be completely enclosed, separately ventilated, with a mechanically closing door, and signed as a smoking area.

Given the limited exemption, the regulatory status “Smoking is Restricted” is given for shops rather than “100% Smoke Free.” FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Cultural facilities fall into the category of premises that are open to the public and are used as a workplace. Therefore smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Indoor stadiums and arenas fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in indoor stadium and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Restaurants fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in restaurants. Further, the Smoking Order specifically states that no regulations can create an exemption for any place that has a liquor license or is registered as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Bars, pubs, and nightclubs fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in bars, pubs and nightclubs. Further, the Smoking Order specifically states that no regulations can create an exemption for any place that has a liquor license or is registered as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Casinos fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in casinos. Further, the Smoking Order specifically states that no regulations can create an exemption for any place that has a liquor license or is registered as a club.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Public areas of hotels and lodging fall into the category of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in public areas of hotels/lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

Not all guest rooms in hotels/lodging are 100% smoke free. Smoking is permitted in designated bedrooms in hotels, guest houses, inns, hostels, or members clubs. There must be a written sign indicating that smoking is allowed in the room. The room must be fully enclosed (except for doors and windows), be separately ventilated, and the door must close mechanically immediately after use. For purposes of this provision, the regulations specifically exclude dormitory or rooms that are shared at the same time from the definition of “bedroom.” Therefore, shared bedrooms are smoke free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces, including guest rooms in hotels and other lodging, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Regulations exempt prisons, young offenders centers, and remand centers from the prohibition on smoking. Information on the UK Prisons website clarifies that prisoners have a right to smoke in their own cells but not anywhere else in the prison building. (See http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Sentencingprisonandprobation/Goingtoprison/DG_196200.)

Therefore, the regulatory status “100% Smoke Free” is given for public areas of prisons.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Trains, buses, and other shared ground transportation are smoke free if they are “enclosed,” i.e., if they are enclosed wholly or partly by a roof and by any door or window that may be opened. For the purposes of public transportation, a vehicle is not enclosed if its “roof” is completely stowed away.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Taxis (for-hire vehicles) are smoke free if they are “enclosed vehicles,” i.e., if they are enclosed wholly or partly by a roof and by any door or window that may be opened. For the purposes of public transportation, a vehicle is not enclosed if its “roof” is completely stowed away.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Smoking Order exempts aircraft from the definition of “vehicle.” Therefore, the prohibition on smoking in public vehicles does not apply to commercial aircraft. However, smoking is banned by the airlines themselves and the Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed. Therefore, the regulatory status “100% Smoke Free” is given.

Although commercial aircraft are de facto smoke free, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on commercial aircraft.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The Smoking Order exempts ships and hovercraft from the definition of “vehicle.” Therefore, the prohibition on smoking in public vehicles does not apply to commercial watercraft. However, hovercraft and ferry companies in the UK have a policy prohibiting smoking on craft; therefore, there is a de facto ban. (See: http://www.hovertravel.co.uk/questions-and-answers.php.) As a result, the regulatory status “100% Smoke Free” is given.

Although there is a de facto ban on smoking in watercraft, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on passenger commercial watercraft.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Public transport facilities fall into the category of premises that are open to the public and that are used as a workplace, and are not specifically mentioned in the exemptions to the smoking ban. Therefore, public transport facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.

Enclosed vehicles used as a workplace

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in enclosed vehicles used as a workplace by more than one person, regardless of whether the work is paid or voluntary. This is in line with FCTC Art. 8 Guidelines para. 20, which states that “vehicles used in the course of work are workplaces and should be specifically identified as such.”

Private dwellings used in common in relation to more than one set of premises or used as a place of work

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Smoking is prohibited in common areas of private dwellings. In addition, if a private dwelling is used as a place of work by persons who do not live in the dwelling, smoking is prohibited in the work premises. However, smoking is not prohibited in a private dwelling if the work consists of providing personal care for a person living in the dwelling; assisting with the domestic work in the dwelling; maintaining the structure or fabric of the dwelling; or installing, maintaining, or removing any service provided to the dwelling for the benefit of persons living in it.

The FCTC Art. 8 Guidelines provide that careful consideration should be given to workplaces that are dwellings and workplaces that contain residential areas to ensure that workers are protected from tobacco smoke exposure. Therefore, to ensure universal protection against tobacco smoke exposure, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free. FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.