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Smoking

This content applies to England & Wales

Where the requirement for premises to be smoke-free applies to private dwellings.

From 2 April 2007 in Wales and 1 July 2007 in England, premises that are 'open to the public' are required to be smoke-free under the Health Act 2006.[1] This provision does not apply to private residential accommodation[2] (including self-contained accommodation let for temporary or holiday use, garages, and outhouses);[3] however, there are some exceptions under The Smoke-free (Exemptions and Vehicles) Regulations 2007 and the Smoke-Free Premises etc. (Wales) Regulations 2007. The Regulations specify that the following areas must be smoke-free:

  • areas used in common in relation to more than one set of premises[4]
  • private dwellings that are used or visited as a place of work by one or more people who do not live there[5] (except where that work is providing personal care; domestic work maintenance; or installation, maintenance, or removal of any services[6])
  • bedrooms in hotels, guest houses, inns, hostels, or member's clubs that are not designated as a smoking bedroom; and all dormitories[7]
  • rooms in care homes, hospices, and prisons, unless the room has been designated as a smoking room and is not used by persons under the age 18 (except for prisons in Wales, which are smoke-free)[8]
  • rooms in mental health units, other than designated smoking rooms. From 1 July 2008, all rooms in mental health units will be smoke-free, except in Wales.[9]

In rented accommodation, where the tenancy (or licence) agreement specifies that the accommodation is non-smoking, the landlord may have grounds to take possession action if the occupier or her/his guests have been smoking in the accommodation.

[1] s.2 Health Act 2006.

[2] Art.3(1) Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(1) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

[3] Art.3(3) Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765.

[4] Art.3(1)(a) Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(1)(a) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

[5] Art.3(1)(b) Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(1)(b) and 3(2)The Smoke-free Premises etc. (Wales) Regulations 2007; SI 2007 No.787 (W.68).

[6] Art.3(2) The Smoke-free (Exemptions and Vehicles) Regulations 2007; SI 2007 No.765; Art.3(3) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

[7] Art.4 Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(4)(c) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

[8] Art.5 Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(4)(a)(i) and (3(4)(a)(ii) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

[9] Art.10 Smoke-free (Exemptions and Vehicles) Regulations 2007 SI 2007/765; Art.3(4)(a)(iii) Smoke-free Premises etc. (Wales) Regulations 2007 SI 2007/787 (W.68).

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