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Frequently asked questions

Q1.   When did the smoke-free laws come into effect?
Q2.   What is the aim of the smoke-free laws?
Q3.   Which premises are affected?
Q4.   How many premises are affected by smoke-free?
Q5.   What constitutes a workplace?
Q6.   Do the regulations include all vehicles?
Q7.   What is an enclosed or substantially enclosed space?
Q8.   Which premises are exempt from the smoke-free?
Q9.   Can I still smoke in my home?
Q10. Have other parts of the UK gone smoke-free?

Q1. When did smoke-free laws come in?
Smoke-free laws came into effect in England on 1 July 2007.
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Q2. What is the aim of the smoke-free laws?
The new laws protect people from the harmful effects of secondhand smoke.
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Q3. Which premises are affected?
The new legislation covers virtually all enclosed and substantially enlcosed public places and workplaces: including shops, offices, factories, pubs, restaurants, public transport and work vehicles that are used by more than one person.
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Q4. How many premises are affected?
3.7 million workplaces in England have had to go smoke-free
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Q5 . Which workplaces does it affect?
Premises that are places of work for more than 1 person need to be smoke-free at all times, even if people work there at different times of the day or intermittently.
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Q6. Do the laws include all vehicles?
The law does not apply to vehicles that are used primarily for private rather than work purposes.

Where a vehicle is used for work by more than 1 person, regardless of whether people are in the vehicle at the same time, it must be smoke-free. This means that taxis need to be smoke-free at all times, regardless of whether there are passengers on board or not.

Smoking will be permitted in vehicles that are solely used by drivers and are not used by anyone else for work activities.  This means that company car drivers must adhere to the ban if they share their car with any work colleagues.
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Q7. What is an enclosed or substantially enclosed place?
Enclosed
: premises will be considered to be enclosed if they have a ceiling or roof and, except for doors, windows or passageway, are wholly enclosed, whether on a permanent or temporary basis.

Substantially enlcosed: premises will be considered to be substantially enclosed if they have a ceiling or roof, but have an opening in the walls, which is less than half of the total areas of walls. The area of the opening does not include doors, windows or any other fittings that can be opened or shut. 
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Q8. Which premises are exempt from the laws?
There are very few exemptions permitted by the smoke-free legislation and they are limited to specified areas in certain categories of premises.  Designated smoking rooms can be provided in "any premises where a person has his home, is is living permanently or temporarily", such as hotels, care homes, hospices and prisons.  Smoking will also be permitted by actors on-stage during a performance, for sampling in specialist tobacconists and on offshore oil rigs.
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Q9. Can I still smoke in my home?
Yes.  The Government has no intention to make private dwellings and private residential places smoke-free, except for parts of dwellings used solely as a place of work by more than one person.
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Q10. Have other parts of the UK gone smoke-free?
Yes.  Scotland has been smoke-free since March 2006, whilst Wales and Northern Ireland went smoke-free in April 2007.  The Republic of Ireland was the first country in Europe to go smoke-free in 2004.
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