LANGUAGE
Last updated: May 20th 2020

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 a few limited exemptions to the prohibition on smoking in workplaces. Specifically, smoking is permitted in designated rooms for use by those 18 years and older in hotels, guesthouses, care homes, adult hospices, and mental health units. Smoking is permitted in a private dwelling used as a workplace for certain types of work activities. In addition, the law provides that if only part of the 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 code “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 workers are protected from tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

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

Premises that are open to the public are smoke free all of the time 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 for use by those 18 years and older in hotels, guesthouses, care homes, adult hospices, and mental health units. 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 code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public places to be 100% smoke free.

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. Although commercial watercraft and aircraft are not within the scope of the smoke free legislation, in practice all airlines prohibit smoking on aircraft and watercraft carriers prohibit smoking in indoor areas of watercraft.

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 categories 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.

Law Source, Section

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 a few limited exemptions to the prohibition on smoking in workplaces (e.g., hotel guest rooms, adult hospices, mental health units); 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 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 hospitals.

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

Law Source, Section

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 for use by persons aged 18 years or older in care homes, adult hospices, or mental health units providing residential accommodation for patients. The room must be clearly marked as a room in which smoking is permitted. 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.

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 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 non-residential healthcare facilities.

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

Law Source, Section

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 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 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 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 primary and secondary schools.

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

Law Source, Section

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 Premises Regulations 2007 exempts “private dwellings” from the smoking ban. This is interpreted as permitting smoking in non-shared lodging facilities within universities and vocational facilities. Because smoking is allowed in some designated bedrooms in universities/vocational facilities, the regulatory status code “Smoking is Restricted” is given.

The does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to accommodation at universities and vocational facilities.

Shops

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

Shops and stores fall into the categories 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 and stores.

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

Law Source, Section

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 categories 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 cultural facilities.

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

Law Source, Section

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 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 indoor stadiums and arenas.

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

Law Source, Section

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 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 restaurants. Further, the Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

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

Law Source, Section
Sections 2 and 3(3)

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 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 bars, pubs, and nightclubs. Further, the Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

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

Law Source, Section
Sections 2 and 3(3)

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 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 casinos. Further, the Health Act specifically states that no regulations can create an exemption for any place that serves alcohol or is licensed as a club.

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

Law Source, Section
Sections 2 and 3(3)

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 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 public areas of hotels and lodging.

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

Law Source, Section

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 bedroom must be fully enclosed (except for doors and windows), be separately ventilated, and the door must close mechanically 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, including hotel guest rooms, to be 100% smoke free.

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

Public areas of prisons and detention facilities fall into the categories of premises that are open to the public and are used as a workplace. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons.

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

Law Source, Section

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

Smoking is prohibited on vehicles used for the transport of members of the public or a section of the public (whether or not for reward or hire). Therefore, trains, buses, and other shared ground transportation are smoke free.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other 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

Smoking is prohibited on vehicles used for the transport of members of the public or a section of the public (whether or not for reward or hire). Therefore, taxis are smoke free.

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

Commercial aircraft do not come within the scope of the smoke free legislation and are not covered by any specific regulations. 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.

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

Section 5 of the Health Act and Section 4 of the Smoke-free Premises Regulations exclude ships and hovercraft from regulation under the Health Act. However, hovercraft and ferry companies have a policy prohibiting smoking on craft; therefore, there is a de facto ban. (See: http://www.hovertravel.co.uk/questions-and-answers.php.)

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 categories 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 transportation facilities.

Law Source, Section

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

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 common areas of private dwellings shared with other private dwellings or premises. In addition, if a private dwelling is used solely as a place of work, smoking is prohibited in the work premises unless no person other than the person who lives there works there. 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 align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all workplaces, including those of a residential nature, to be 100% smoke free.

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 vehicles used as a workplace by more than one person, even if the persons who use it for such purposes do so at different times, or only intermittently.

This provision aligns 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 vehicles in which children under the age of 18 are present

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 prohibits smoking in an enclosed private vehicle in which a child under the age of 18 is present.