Frequently asked questions
Is my home required to be smoke-free?
No. The draft regulations state very clearly that the Government has no intention to make private residential spaces smoke-free.
I work from home – is there a requirement for it to be smoke-free?
It depends. Any part of a private dwelling that is used solely as a place of work may be required to be smoke-free if it is used by more than one person who does not live there, or if members of the public can actually come into that part of the dwelling in the course of work.
Does this law cover sports stadiums? I don’t want to sit (in a covered stand) next to a smoker when I have paid £800 for a season ticket!
The Health Act 2006 allows regulations to be made that designate additional smoke-free places which are not covered by Clause 2 where people are at risk of being exposed to significant quantities of secondhand smoke. This might include sports stadia or other non-enclosed places, but it is a decision for the future and only after the Government consults the public.
I don’t like breathing smoke outdoors either – why does this law apply to indoors only?
The Health Act 2006 requires enclosed or substantially enclosed public places and workplaces to be smoke-free. The Health Act 2006 includes powers for other places to be required to be smoke-free, but the Government has no plans to make any other places smoke-free at the present time.
Won’t this fill the streets with cigarette butts?
We are working closely with businesses and our colleagues in local government and in DEFRA to consider the issues of litter in outdoor areas. Nevertheless, international experience has been that this matter can be managed effectively.
Won’t sending drinkers outside lead to noise problems?
Pubs and bars are not obliged to provide outdoor areas for smoking. If they do want to open one, they will need to obtain the necessary planning permissions.
Is this just about smoking in pubs?
No. All enclosed workplaces and public places, including restaurants, pubs, schools, public transport and membership clubs are required to be completely smoke-free. There are limited exemptions from smoke-free law, mainly for premises that act as an individual’s dwelling, or are clearly a private space.
My office is not smoke-free when the smokers stand outside and all their smoke blows back in through my window. Why can’t they be made to smoke away from the building?
The Health Act 2006 only covers enclosed and substantially enclosed workplaces and public places. Employers and business owners need to consider issues as they arise and seek the most appropriate action.
Smoke free locations - exemptions
Why are adult care homes exempt?
The Choosing Health White Paper made a commitment that special arrangements would be needed for certain workplaces when considering the law. These workplaces were places such as hospices, prisons, and long-stay residential care establishments, which are also places of residence. We can see good reason for treating these workplaces differently to recognise the human rights of those people that call such places home.
Why are the people who work in places where smoking will be allowed to take place not protected from secondhand smoke?
See answer to previous question.
The regulations set out requirements for rooms in premises where people can smoke, which will protect against drift of secondhand smoke into other areas of the premises. This includes the requirement for closing doors to the room.
Am I going to be guaranteed a smoke-free hotel room? What is to stop the hotelier letting the room as smoking one day and smoke-free the next?
While smoke-free law does not guarantee that people will get a smoke-free hotel room, the regulations require that hotel proprietors must designate in writing which rooms are not smoke-free and ensure that hotel rooms for smoking are clearly signed.
As the popularity of non-smoking hotels rooms is high, we are sure that people will not have too much trouble finding smoke-free hotel accommodation.
I am a health visitor; can I insist the client stop smoking when I visit them at home?
The regulations will not require that, but home visitors can always ask a resident not to smoke during home visits. Bury Primary Care Trust has a comprehensive no-smoking policy.
