Keith Mack
Smoking laws in the UK have been introduced to protect people in public places and at their workplaces, including in vehicles. The UK laws are clear and contain few exemptions or loopholes. Since 2007, smoking has been prohibited by law in virtually all enclosed and substantially enclosed workplaces and public places throughout the United Kingdom. The UK's smoking laws also extend to smoking in private cars, with children present, and in outdoor settings such as children's playgrounds and outside schools and hospitals. While smoking rates have been declining in the UK, vaping rates have increased, especially among younger people. The UK government has proposed measures to restrict the sale and marketing of vapes and plans to phase out cigarette smoking by making it illegal for anyone born after 2008 to purchase cigarettes.
| Characteristics | Values |
|---|---|
| Smoking in workplaces and public places | Prohibited by law since July 2007 |
| Smokefree legislation in England | Forms part of the Health Act 2006 and The Children and Families Act 2014 |
| Smokefree legislation in Scotland | Implemented in 2006 |
| Smokefree legislation in Wales and Northern Ireland | Implemented in April 2007 |
| Smoking in private cars | Banned when carrying children under the age of 18 since October 2015 in England and Wales; since December 2016 in Scotland; and since 2016 in Northern Ireland |
| Smoking rates in the UK | Falling, with 20% of adults smoking in 2011, and 12% in 2023 |
| Smoking-related deaths in the UK | Around 107,000 people died from smoking-related diseases in 2007 |
| Support for the smoking ban | Growing, with 83% support in a 2017 YouGov survey, up from 78% in 2007 |
| Plans to phase out cigarette smoking | Intention to make it illegal to sell cigarettes to anyone born after 2008 |
| Vaping rates | Rising, especially among under-35s and those who have never smoked |
| Vaping in enclosed public spaces and places of work | Not banned, operators can choose to allow, restrict, or prohibit |
| No-smoking signage | Required by law, failure to display may result in a fine |
| Smoking in indoor public and communal areas of attractions, hotels, and guesthouses | Banned with some exemptions for designated bedrooms and private areas |
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What You'll Learn
Smoking in private cars
The law was enacted to protect children from the harmful effects of second-hand smoke inhalation. It is important to note that the driver of the vehicle can also be held responsible for failing to prevent someone from smoking in the car if a child is present. Since the implementation of this law, there have been very few reported breaches, and most cases have been addressed with verbal warnings from the police.
The UK's smoking laws are regarded as comprehensive and effective due to their clear guidelines and minimal exemptions. The laws aim to protect individuals in public places and at their workplaces, including in vehicles. The Health Act 2006, which came into force on 1 July 2007, prohibits smoking in virtually all enclosed or substantially enclosed workplaces and public places across the UK.
In addition to the restrictions on smoking in private cars with children, it is also illegal to smoke in a car if it is being used for work purposes. This is part of the broader legislation to create smoke-free workplaces and protect workers from the harmful effects of second-hand smoke. The ban on smoking in enclosed public spaces and places of work includes indoor public and communal areas of attractions, hotels, and guesthouses, with some exemptions for designated bedrooms and self-contained short-term rental accommodations.
While the UK has made significant progress in reducing smoking rates and protecting the public from second-hand smoke, there are ongoing efforts to further strengthen smoking laws. The government has proposed measures to restrict the sale of cigarettes to individuals born after 2008, aiming to create a smoke-free generation. These proposals are part of the Tobacco and Vapes Bill, which also seeks to extend the indoor smoking ban to some outdoor settings, such as children's playgrounds and outside schools and hospitals.
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Smoking in the workplace
The ban is enforced by Environmental Health Officers in England, who have the power to enter any 'no-smoking premises' to ensure compliance with the law. They issue warnings and offer advice before resorting to fines. Owners or managers of smoke-free premises are legally responsible for ensuring that guests, visitors, and staff do not smoke on the premises. Failure to do so can result in a fine of up to £2,500.
There is also a legal duty to display no-smoking signs where they can be seen by customers and staff. However, there are some exemptions to the ban. For example, self-contained short-term rental accommodations, such as holiday cottages or flats, are not required to be smoke-free, although operators can choose to prohibit smoking. Additionally, designated bedrooms in hotels, guesthouses, and bed and breakfasts can be smoking rooms if they meet specific criteria, such as being completely enclosed and having a separate ventilation system.
The UK's smoking laws also extend to vehicles used for work purposes. It is illegal to smoke in a work vehicle if a child is present, and the driver can be fined for failing to prevent this. The law aims to protect workers from the harmful effects of second-hand smoke, which was estimated to cause around 617 premature deaths in the UK each year before the implementation of the smokefree law.
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Public places and signage
Smoking has been prohibited by law in virtually all enclosed and substantially enclosed workplaces and public places throughout the United Kingdom since July 2007. The Health Act 2006 for England and Wales, the Smoking (Northern Ireland) Order 2006, and the Smoking, Health and Social Care (Scotland) Act 2005 all ban smoking in enclosed public spaces. This includes restaurants, shops, and pubs.
There are some exemptions to the ban. For example, in theatres, smoking is allowed on stage if it is part of a performance. This exemption does not apply to Scotland, where smoking is banned in all theatres. There is also an exemption for self-contained short-term rental accommodation, such as holiday cottages, flats, or caravans, where owners can choose whether or not to allow smoking. Additionally, the private areas of bed and breakfasts and guesthouses are not covered by the ban, as long as no staff use the area.
The ban is enforced by Environmental Health Officers in England, who have the power to enter any 'no-smoking premises' to ensure compliance. They will first issue warnings and offer advice before resorting to fines. Owners or managers of smoke-free premises are legally required to display no-smoking signs and ensure that guests, visitors, and staff do not smoke on the premises. Failure to display appropriate signage may result in a fine of up to £2,500.
The UK's smoking laws also extend to private vehicles. Since 2015, it has been illegal to smoke in a car when transporting anyone under the age of 18. This law applies to England, Wales, and Scotland, with a similar ban in Northern Ireland since 2016.
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Tobacco packaging and marketing
In the UK, tobacco packaging and marketing are highly regulated. Since 20 May 2016, all tobacco products sold in the UK have been subject to plain packaging laws, which aim to make tobacco products less appealing to consumers, especially young people. This legislation was influenced by the success of similar measures in Australia.
The UK's tobacco packaging laws are strict and comprehensive. Tobacco companies are no longer allowed to use brand colours, logos, or promotional information on packaging. All tobacco packs must be a standard shape, size, and colour, with large, clear health warnings and graphic images of the negative health effects of smoking. The brand name is allowed to be displayed but only in a standard font, size, and colour, making it less prominent.
In addition to packaging regulations, tobacco marketing is heavily restricted in the UK. Tobacco advertising has been banned from television, radio, and print media since the 1990s, and from public transport and billboards since 2003. The Tobacco Advertising and Promotion Act 2002 further restricted tobacco advertising, banning tobacco sponsorship of sports and cultural events and requiring health warnings on all tobacco advertisements. The Act also prohibited the display of tobacco products at the point of sale, which was implemented in large shops in 2012 and in small shops in 2015.
These measures have been effective in reducing the appeal of tobacco products, particularly to young people. The UK government continues to review and strengthen tobacco control measures, including packaging and marketing regulations, to further reduce tobacco consumption and its associated health burden.
While these laws apply across the UK, there are some variations in enforcement and compliance between England, Wales, Scotland, and Northern Ireland due to their separate legal systems.
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Smoking in theatres
Smoking in public places in the UK has been restricted since 2006, with the implementation of the Health Act 2006 in England and Wales, the Smoking (Northern Ireland) Order 2006, and the Smoking, Health and Social Care (Scotland) Act 2005. These laws ban smoking in enclosed public spaces and workplaces, including theatres.
However, there is an exemption for actors smoking on stage as part of a performance. While on stage, actors are permitted to smoke, but once they leave the stage or set, the item must be stubbed out. This exemption does not apply to Scotland, where smoking is completely banned in theatres.
The enforcement of smoking laws in theatres falls under the responsibility of local authorities and environmental health officers. They ensure that smoke-free legislation is followed and that appropriate no-smoking signage is displayed. Owners and managers of smoke-free premises are legally responsible for ensuring that guests, visitors, and staff do not smoke on the premises.
Historically, smoking in theatres was barred due to the risk of fire. Up until 1915, smoking was prohibited in all theatres under the Lord Chamberlain's direction. However, during the 1914-1918 war, theatre licensees began requesting to strike out the no-smoking condition, and by 1951, out of 41 theatres, only five had management that preferred to have no smoking.
Today, smoking is prohibited in UK theatres, except for actors on stage, with fines in place for non-compliance.
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Frequently asked questions
Smoking is banned in all enclosed public spaces and workplaces, including restaurants, shops, and pubs. This also applies to cars when children are present.
Smoking bans in the UK came into force at 6:00 BST on 1 July 2007. The Health Act 2006, which includes the smoking ban in England and Wales, was amended by the Children and Families Act 2014, which also introduced plain tobacco packaging.
Environmental Health Officers enforce the smoking ban and can issue warnings and fines. Failure to display no-smoking signs can result in a fine, and owners or managers of premises who do not take reasonable steps to stop people from smoking can be liable for a fine of up to £2,500.
There are some exemptions to the smoking ban. For example, self-contained short-term rental accommodations, such as holiday cottages or caravans, are not required to be smoke-free. Additionally, smoking is allowed on stage in theatres, but it must be stubbed out once the person leaves the stage.
