England

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, long term care homes, palliative hospices and offshore installations such as oil rigs; and smoking is permitted for sampling cigars or pipe tobacco in specialist tobacco shops. Government policy also prohibits smoking in all government facilities. Smoking is permitted in private dwellings used as a workplace for certain types of 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. The regulatory status, “Smoking is Restricted,” accordingly, is given, rather than “100% Smoke Free” because of the limited exceptions.

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.

Premises that are open to the public are smoke free all 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 in hotels, long term care homes, and palliative hospices. Government policy also prohibits smoking in all government facilities. 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. The regulatory status, “Smoking is Restricted,” accordingly, is given, rather than “100% Smoke Free” because of the limited exceptions.

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.

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 fall into the category of places that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Government policy also prohibits smoking in all government facilities. 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.

The law provides that indoor 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, long term 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 fall into the category of premises that are open to the public and are used as workplaces, 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.

The prohibition on smoking in workplaces and public places does not apply to designated smoking rooms in care 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.

Non-residential healthcare facilities fall into the category of premises that are open to the public and are used as workplaces, 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 and preschools fall into the category of premises that are open to the public and are used as workplaces, 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 fall into the category of premises that are open to the public and are used as workplaces, 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 and vocational facilities fall into the categories of premises that are open to the public and are used as workplaces, 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/vocational facilities, the regulatory status “Smoking is Restricted” is given rather than “100% Smoke Free.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all areas of universities and vocational facilities.

Shops fall into the category of premises that are open to the public and are used as workplaces, 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.”

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all areas of shops without exception.

Cultural facilities fall into the category of premises that are open to the public and are used as workplaces. Therefore, smoking is prohibited in cultural facilities. The Smoke-free (Exemptions and Vehicles) Regulations provide a very narrow exception that allows a performer to smoke “where the artistic integrity of a performance makes it appropriate for a person who is taking part in that performance to smoke.” Given the very limited exemption that applies to the actor rather than the patrons, which generally ensures that the theater itself is smoke free, the regulatory status “100% Smoke Free” is given.

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

Indoor stadiums and arenas fall into the category of premises that are open to the public and are used as workplaces, 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 fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in restaurants. Further, the 2006 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.

Bars, pubs, and nightclubs fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in bars, pubs, and nightclubs. Further, the 2006 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.

Casinos fall into the category of premises that are open to the public and are used as workplaces, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in casinos. Further, the 2006 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.

Public areas of hotels and lodging fall into the category of premises that are open to the public and are used as workplaces, 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.

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 dormitories 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.

Public areas of prisons/detention facilities fall into the categories of premises that open to the public and are used as workplaces. Government policy also prohibits smoking in all government facilities, including prisons. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons.

This 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 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 public transportation.

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 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.

Section 5 of the Health Act 2006 excludes 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 fall into the category of premises that are open to the public and that are used as workplaces, 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.

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 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.

A designated smoking room is allowed in an offshore installation. The “designated room” means a room used only for smoking. There must be a written sign indicating that smoking is allowed in the room. The room must have a ceiling and must be enclosed by solid walls (except for doors and windows). If the door opens onto smoke free premises, it must be mechanically closed immediately after use. Its ventilation system cannot ventilate into any non-smoking parts of the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of workplaces, including offshore installations, to be 100% smoke free.

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.”

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