The smoking of tobacco or anything which contains tobacco and being in possession of lit tobacco or anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it can be smoked.

That includes smoking shisha (Hookah, goza, narghile) cigarettes (including bidis and kreteks) pipes, cigars etc. It is also illegal to smoke tobacco free cigarettes and tobacco free shisha.

The use of electronic devices such as e-cigarettes and e-shisha pipes are not smoking. Employers can decide if they can be used on their premises.

View the ACAS advice on e-cigarettes and vaping in the workplace at The National Archives - E-cigarettes and vaping in the workplace. 

Smokefree legislation applies to the following premises:

• the public has access to, for example pubs, shopping centres, restaurants, cafes
• all places of work
• providing education, health or care services

'Work' also covers voluntary work, so if a community hall holds an event staffed by volunteers, it would have to be smokefree. If the public attended, it would be both a workplace and a public place.

• Private dwellings which include holiday cottages, caravans and associated buildings such as garages that are for the exclusive use of the persons living in the dwelling do not have to be smoke free. In addition, the regulations do not restrict people from smoking in their private accommodation even if it is used for work providing the work is personal care or maintenance work. Providers of such services will have to consider how to protect their staff and negotiate private agreements with staff and clients about smoking while the care or maintenance is being carried out. Common parts in residential premises such as stairwells or workplaces such as lift motor rooms have to be smoke free.
• The regulations allow for designated bedrooms in hotels, guest houses, hostels, and members clubs to be not smoke free if they meet certain conditions, including being designated in writing by the person in charge of the premises. Shared rooms such as dormitories must always be smoke free.
• In other residential situations such as prisons, care homes, hospices the regulations allow either for designated bedrooms or other designated rooms to be used only for smoking.

Yes, at least one legible 'No-smoking sign' must be displayed in a prominent position in a smokefree premises.

It is advisable to display signs at all entrances. It is recomended that they be a minimum of A5 in area (210mm x 148mm), display the international no-smoking symbol and carry the following words in characters that can be easily read: No smoking. It is against the law to smoke in these premises.

You can download an use the following signs:

• English No smoking sign (PDF, 42KB)
• Communal parts No smoking sign (PDF, 47KB)
• Arabic No smoking sign (PDF, 436KB)
• Bengali No smoking sign (PDF, 432KB)
• Chinese No smoking sign (PDF, 490KB)
• Polish No smoking sign (PDF, 433KB)
• Punjabi No smoking sign (PDF, 433KB)
• Turkish No smoking sign (PDF, 433KB)
• Urdu No smoking sign (PDF, 454KB)

Premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageways, are wholly enclosed, whether on a permanent or temporary basis.

Premises are substantially enclosed if they have a ceiling or roof, but there are permanent openings in the walls which are less than half of the total areas of walls, including other structures which serve the purpose of walls and constitute the perimeter of premises.

This is known as the 50 per cent rule - put simply:

• if 50 per cent of the walls or more are missing then it is legal to smoke in the area; or
• if more than 50 per cent of the walls are present then it is illegal to smoke in the area

Note - employers do not have to provide shelters or places in which employees can legally smoke.

Persons smoking or in possession of a lit article

A Fixed Penalty Notice of £50 may be served on the person smoking in a smokefree premises or work vehicle.

If they have been issued with a fixed penalty previously, or fail to pay then they will be prosecuted in the Magistrates Courts. If found guilty they can be fined up to £200 and will have a criminal record.

Persons in control of premises failing to display no-smoking signs 

A person in control of the premises (e.g. Owner and or Manager) may receive a Fixed Penalty Notice of £200. 

If they have been issued with a fixed penalty previously, or fail to pay the Fixed Penalty Notice, then they will be prosecuted in the Magistrates Courts. If found guilty they can be fined up to £1000 and will have a criminal record.

Persons failing to prevent smoking

A person in control of the premises (e.g. Owner and or Manager) failing to prevent persons smoking in a smokefree place can be prosecuted in the Magistrates Courts and if found guilty can be fined up to £2500 and will have a criminal record.

Potential offences under other legislation

Some businesses may decide to allow persons to smoke in substantially enclosed premises/rooms and even provide smoking paraphernalia (such as shisha pipes).

Serious Crime Act

If you have no places within your premises that you can allow people to smoke legally then you may also be charged with encouraging or assisting smoking offences under the Serious Crime Act.

You may be fined up to £200 per offence.

Health and Safety at Work etc Act 1974 and Control of Substances Hazardous to Health Regulations 2002

When shisha coals are burnt a bi-product of the combustion process is the toxic gas Carbon Monoxide. Employees are exposed to Carbon Monoxide in both the preparation area and in the lounge area.

You are committing offences under the Health and Safety legislation by unnecessarily and illegally exposing your employees to the harmful effects of Carbon Monoxide. Offences under the Health and Safety at Work Act are subject to unlimited fines and up to 2 years in prison for individuals.

Smoking of Shisha in an enclosed or substantially enclosed place remains illegal and the health affects are severe.

What is Shisha?

Shisha is usually a tobacco product which is often mixed with fruit shavings and molasses to give it a sweet smell and taste.

The shisha is then placed in an ornate water pipe and inhaled through a tube. Shisha is also known by a number of names including hubbly bubbly, nargile pipe, hookah, goza and shisha.

For more information see NHS - Paan, bidi and shisha.

Frequently Asked Questions

Didn't the government pass a new law allowing shisha cafes to smoke inside?

This is a rumour, no such law has been passed. It remains illegal to smoke shisha in enclosed and substantially enclosed spaces.

Can people smoke Tobacco free shisha?

No, smoking any substance in enclosed and substantially enclosed spaces is illegal.

I was granted planning permission for a Shisha cafe, doesn't that make it legal?

No, planning permission will consider if a type of business and structures will have an overall detrimental impact on the surrounding area. Therefore having planning permission does not mean that the structure or use of the building is compliant with smoke-free law, or indeed building regulations.

Who can I sell to?

No tobacco product can legally be supplied to anyone under 18 years old. Given that waterpipes are normally shared, you must check the ages of the whole group and any friends who subsequently join them. It may be sensible to allow only over 18s into the premises/smoking areas. 

For more information see Lancashire.gov - Age restricted products - Check 25.

I don't have any employees, does my cafe still need to be smokefree?

Yes, as a business (workplace) and public space the shisha cafe still needs to be smokefree if it is substantially enclosed.

Can customers use e-shisha or e-cigarettes (Vaping)?

Yes electronic shisha and cigarettes do not 'burn' and therefore are legal. 

Do I need to display 'no-smoking signs'?

Yes, in those parts of the premises in which it is illegal to smoke you should display 'no-smoking signs'. It would be prudent to have such signage on doors that separate legal smoking areas from enclosed rooms (inside).

Do I need a license to allow smoking outside?

If you have an outside area, such as a 'beer garden' then you can smoke in that space, provided it is not substantially enclosed. If you want to put tables and chairs onto the 'highway' (pavements or town centre pedestrian zones, it is likely you will need to apply for a pavement licence. When you have a pavement licence you have to designate some of the seats as 'smokefree'.

Potential offences under other legislation

Some businesses may decide to allow persons to smoke in substantially enclosed premises/rooms and even provide smoking paraphernalia (such as shisha pipes).

Serious Crime Act

If you have no places within your premises that you can allow people to smoke legally then you may also be charged with encouraging or assisting smoking offences under the Serious Crime Act.

You may be fined up to £200 per offence.

Health and Safety at Work etc Act 1974 and Control of Substances Hazardous to Health Regulations 2002

When shisha coals are burnt a bi-product of the combustion process is the toxic gas Carbon Monoxide.

Employees are exposed to Carbon Monoxide in both the preparation area and in the lounge area.

You are committing offences under the Health and Safety legislation by unnecessarily and illegally exposing your employees to the harmful effects of Carbon Monoxide.

Offences under the Health and Safety at Work Act are subject to unlimited fines and up to 2 years in prison for individuals.

Vehicles used for work purposes

Smoking isn't allowed in any work vehicle that more than one person uses, for example:

• taxis
• buses
• vans
• goods vehicles used by more than one driver
• company cars used by more than one employee

This means any shared vehicles, no matter when it is shared, must be smokefree. Therefore if a person drives the vehicle on Monday and a second person drives the same vehicle on Tuesday, and they are both alone when driving, they still cannot smoke, as the vehicle is shared.

A worker can smoke in a company car that only they use, if their employer agrees. 

The laws applies:

• to any work vehicle that is enclosed wholly or partly by a roof;
• when people have the windows or sunroof open, or the air conditioning on;
• when someone sits smoking in the open doorway of a vehicle.

Do work vehicles have to display no-smoking signs?

Yes, work vehicles, used by more than one person, must also display a no-smoking sign. Vehicles need only display the international no-smoking symbol.

If two colleagues share the same company transport, both smoke and both want to smoke in the vehicle is this permitted?

No. The law has been set up to protect non-smokers and smokers alike from second hand smoke exposure and all work vehicles must remain smoke free at all times.

If the vehicle has no roof, can a person smoke?

Yes, because the vehicle is not enclosed.

If a worker has a window wound down can they smoke?

No, because the vehicle is enclosed.

Can drivers of public transport vehicles, such as Taxi's or buses, smoke when the passengers are not in the vehicle?

No, the vehicle must remain smokefree at all times, even when the vehicle isn't available to the public.

Smoking in Private Vehicles

It is illegal to smoke in a car (or other vehicle) with anyone under 18.

The law changed on 1 October 2015, to protect children and young people from the dangers of secondhand smoke.

This applies to:

• to any private vehicle that is enclosed wholly or partly by a roof;
• when people have the windows or sunroof open, or the air conditioning on;
• when someone sits smoking in the open doorway of a vehicle.

The law does not apply to:

• e-cigarettes (vaping)
• a driver who is 17 years old if they are on their own in the car
• a convertible car with the roof completely down

• CIEH Smoke free guidance; Implementation of the legislation in England (PDF, 984KB)
• CIEH Smoke free guidance; Information for business about the use of smokefree signs (PDF, 898KB)
• CIEH Smoke free guidance; Supplementary guidance on Shisha bars (PDF, 1003KB)
• CIEH Smoke free guidance; Prohibition of smoking in private vehicles carrying children (PDF, 1.2MB)
• How to deal with smoking in a smokefree place (PDF, 47KB)

Do I have to provide a smoking shelter for staff?

No, there is no requirement to provide a place in which staff can legally smoke.

A member of staff keeps smoking at work, what can I do?

Firstly you should ensure that you have a smokefree policy in place. You should then begin disciplinary proceeding against your employee, as you would for any other misbehaviour at work. You may wish to consider seeking help from the Advisory, Conciliation and Arbitration Service (ACAS).

Remember that if the business fails to address the issue, they to are committing an offence, by failing to prevent smoking.

I run a members only club, can members smoke?

No - Despite the fact that the membership may be a restricted sub-set of the public at large it remains a 'public place'. If members access a place that is enclosed or substantially enclosed by virtue of their membership then the smoking legislation applies. It is also likely to be a workplace and so the legislation would also apply. 

As an employee am I entitled to a cigarette break?

Strictly speaking, no, you are not entitled to a cigarette break. However employees do have the right to rest periods throughout the day, see the ACAS website for more information.

I work at home in my spare room, there are no other staff, can I smoke?

Yes, because this is a private dwelling and only you work there. 

What if I hold a party marquee in my garden, does that need to be smokefree?

Yes - If a household makes a formal invitation to guests to attend an event, such as a wedding in a marquee, they will be required to ensure that the marquee is smokefree and display the correct signage. If the host hires in staff to entertain and cater at a private event then the venue is also deemed to be a workplace and the law applies.

Do I have to stop smoking when workers (Plumbers, cleaners, home help etc) visit my house?

No, but it is polite not to smoke near them, and the workers have the right to refuse to work in a smokey environment as passive smoking can damage their health. Therefore if you insist on smoking you might not get the help you desire.

Do I need a license to allow smoking outside?

If you have an outside area, such as a 'beer garden' then you can smoke in that space, provided it is not substantially enclosed. IF you want to put talbes and chairs onto the 'highway' (pavements or town centre pedestrian zones, it is likely you will need to apply for a pavment licence. When you have a pavement licence you have to designate some of the seats as 'smokefree'.