Smoking in pub gardens is generally legal in the UK, as the 2007 smoking ban only applies to enclosed or substantially enclosed public spaces. While there were reports of potential plans to ban smoking in outdoor pub areas, recent government indications suggest this will not proceed, though individual venues may set their own rules.
Pub garden smoking ban dropped from government plans. The government is to ditch plans to ban smoking in the gardens of pubs and restaurants in England.
Smoking has been prohibited by law in virtually all enclosed and substantially enclosed workplaces and public places throughout the United Kingdom since July 2007. Smokefree legislation in England forms part of the Health Act 2006 and The Children and Families Act 2014.
Many pubs allow vaping in their outdoor areas, such as beer gardens or designated smoking sections. These spaces are usually more relaxed and better ventilated, making them a more suitable setting for vapers.
Government considering smoking ban in pub gardens | 5 News
Can you vape outside Wetherspoons?
We do not permit the use of electronic cigarettes/vaporisers outside of the designated smoking areas on our premises. This includes hotel rooms and external areas.
Since 2007, smoking has been banned in most workplaces and substantially enclosed public areas in England, such as restaurants, pubs and marquees. Owners of premises which do not comply face fines of up to £2,500 and people caught smoking illegally can face an on-the-spot fine of £50.
Councils can investigate smoke coming from premises that is classed as a statutory nuisance, this is outlined in the Environmental Protection Act 1990.
The UK's new smoking law, the Tobacco and Vapes Bill, aims to create a "smoke-free generation" by making it illegal to sell tobacco to anyone born on or after January 1, 2009, effectively phasing out smoking for future generations. The bill also introduces stricter regulations for vapes, including banning child-appealing advertising and marketing, restricting flavors, and potentially extending indoor smoking bans to some outdoor spaces, alongside new licensing and enforcement powers for retailers.
They don't prevent leaseholders from smoking in the privacy of their own homes. But they must not smoke in the internal communal areas — it's against the law. So if you're a smoker, you should put your cigarette out at the front entrance of the building if you don't do so already.
According to the Smoke Free law any and all vehicles used for work purposes, from occasional use to regular transportation must remain smoke free at all times. The purpose of this is for the passenger to know absolutely that they will be able to remain free from the risk of second hand smoke exposure.
Can I stop my neighbour from smoking in their garden?
A statutory nuisance can not be created if the issue is caused by "reasonable use". It is considered reasonable for someone to smoke within their own home and in their garden. This however can be pursued as a civil matter which the council would not get involved with.
All hospitality venues in the UK must comply with the smoking ban, regardless of their type or ownership structure. The regulations apply universally across traditional pubs, private clubs, hotels, and their outdoor areas.
This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks after a cigarette is stubbed out, releasing particles hazardous to health. This means drivers are not allowed to smoke in their vehicles even if they don't have any passengers.
Smoking is allowed in most public outdoor areas of the UK and in your own home or vehicle. Smoking in indoor public spaces has been banned in the UK since 2007 which means you cannot light up inside a pub, cafe or on public transport. Some outdoor spaces do also have restrictions such as football stadiums.
All areas open to the public including workplaces are considered smoke free zones where they are enclosed or substantially enclosed. Enclosed: This is an area with permanent walls and doors without any gaps. Windows and doors aren't classed as gaps.
Talk with your neighbors about your exposure to secondhand smoke. If you know where the smoke is coming from and feel comfortable talking with your neighbor about it, see if an agreement can be reached about where and when they smoke. Try to be calm, polite and offer solutions.
Other than a legal ban on smoking in an enclosed public area which is not exclusive to hotels, it's not a legal ban or criminal offence inside a guest room, on a balcony, in the garden etc.
Consider approaching them politely or leaving a note explaining the issue and asking them to smoke in designated areas, if applicable. Share a Written Request: If you aren't comfortable with a face-to-face conversation, you can write a polite note/letter or email outlining the problem.
The Health Act 2006 made it an offence for people to smoke within enclosed public places. It was introduced to protect the public from the harmful effects of second-hand smoke. The law forbids smoking anything, including tobacco, such as: manufactured cigarettes.
Members of the public can also report smoking violations via NEA's myENV mobile application, or Online Feedback Form. Efforts to protect non-smokers from second-hand tobacco smoke began in 1970 when smoking was banned in cinemas, theatres and on omnibuses.
