Because of the damage to health due to

smoking in the United Kingdom In the United Kingdom, smoking is legally permitted, with certain conditions set from laws enacted separately in England, Wales, Scotland and Northern Ireland. It is illegal to smoke tobacco in enclosed public places, such as restaurants, shops or ...

it may be the first country to ban sales of cigarettes to people born after 2008. A smoking ban in England, making it illegal to smoke in all enclosed workplaces in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007. Plain tobacco packaging and a smoking ban in cars with passengers under 18 were introduced under Children and Families Act 2014.

Before the smoking ban

Before the ban many businesses voluntarily introduced bans on smoking mainly as a result of public feedback. The pub chain Wetherspoons was the first major chain to introduce a complete ban on indoor smoking, doing so in May 2006.

Passage of the law

On 16 November 2004 a Public Health white paper proposed a smoking ban in almost all public places in England and Wales. Smoking restrictions would be phased in, with a ban on smoking in NHS and government buildings by 2006, in enclosed public places by 2007, and pubs, bars and restaurants (except pubs not serving food) by the end of 2008. On 26 October 2005, after external challenge and debates within the Cabinet, the government announced that it would continue with its plans. All workplaces, including restaurants and pubs selling food, would have to comply by summer 2007. However, there was widespread criticism from all sides of the argument on this, with a number of MPs threatening to try to overturn the bill. Many representatives of the pub trade told the Government that only a total ban would work, and over 90 MPs signed a motion demanding this, with over 100 signing a petition for a free vote on the issue. It was reported on 24 November that Chief Medical Officer

Liam Donaldson Sir Liam Joseph Donaldson (born 3 May 1949) is a British doctor. He was formerly the Chief Medical Officer for England, being the 15th occupant of the post since it was established in 1855. As such, he was principal advisor to the United Kingd ...

nearly quit over the partial ban, but decided to stay to champion a total ban. On the same day, the government released the results of the public consultation, after Cancer Research UK demanded them under the

Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...

, which revealed that nearly 9 out of 10 respondents wanted a total ban. On 11 January 2006, the government further announced that it would give MPs a free vote on an amendment to the Health Bill, submitted by the Health

select committee Select committee may refer to: *Select committee (parliamentary system), a committee made up of a small number of parliamentary members appointed to deal with particular areas or issues *Select or special committee (United States Congress) *Select ...

, to instigate a comprehensive smoke-free workplace regulations. Health Secretary Patricia Hewitt voted in favour of the amendment and, in so doing, voted against her own department's then publicly stated policy (i.e. the proposed partial regulations). All other parties had offered free votes on the issue which was debated on 14 February, with three options: the present compromise, a total ban, or an exemption for members' clubs only. On 14 February 2006, the House of Commons first voted on the amendment to the original compromise plan, to extend the ban to all enclosed public places except private members' clubs. The amendment was carried with a large majority. MPs then voted on a further amendment to ban smoking in all enclosed public places including private members' clubs. Again this amendment gained significant support and was carried with a large majority. This therefore replaced the earlier successful amendment which would have allowed smoking only in private members' clubs. The legislation was passed by the House of Lords, allowing a total smoking ban in enclosed public places to come into force in England. Political opposition did not entirely disappear at this point, the House of Lords Economic Affairs Committee accused the Government of overreacting to the threat posed by

passive smoking Passive smoking is the inhalation of tobacco smoke, called secondhand smoke (SHS), or environmental tobacco smoke (ETS), by persons other than the intended "active" smoker. It occurs when tobacco smoke enters an environment, causing its inhalat ...

and said that the smoking ban was symptomatic of MPs' failure to understand risk on 7 June 2006.

Implementation

The ban came into force at 06:00 BST on 1 July 2007, as announced on 30 November 2006 by former Secretary of State for Health Patricia Hewitt, who called it "a huge step forward for public health". A legal blunder however by

Stoke-on-Trent Stoke-on-Trent (often abbreviated to Stoke) is a city and Unitary authorities of England, unitary authority area in Staffordshire, England, with an area of . In 2019, the city had an estimated population of 256,375. It is the largest settlement ...

City Council meant that, while the smoking ban still applied in the city, the council were unable to issue fines to people caught flouting the law until 16 July 2007. The blunder caused the city to briefly be dubbed Smoke-on-Trent.

Following the passing of the law

On 30 June 2010, the recently formed Coalition Government announced that it would not be reviewing the ban. An attempt in October 2010 by Conservative MP David Nuttall to amend the law to exempt private members' clubs and pubs from the smoking ban was defeated in the House of Commons on its first reading.

Exemptions from the law

While the ban affects almost all indoor workplaces, some exemptions were provided: * designated hotel rooms * designated rooms in nursing homes * designated rooms in prisons ''(until 18 July 2018)'' * designated rooms in offshore oil rigs * designated rooms in mental health units ''(until 1 July 2008)'' * specialist tobacconists in relation to sampling cigars and/or pipe tobacco. In England, Wales and Northern Ireland, in theatres and television studios, actors and actresses can smoke tobacco on theatre stages or on television sets if the artistic integrity makes it appropriate. However, once the person leaves the stage or set, the item must be snubbed out. Normal smoking laws exist for all other parts of the theatre or television studio, including green rooms, rehearsal rooms and dressing rooms. There have been calls for this exemption to be scrapped, for the health of other actors and audiences. This exemption doesn't apply to Scotland, where smoking is completely banned in theatres. Comedian Mel Smith tried to defy the smoking ban by threatening to smoke a real cigar during a play about Winston Churchill during the 2006 Edinburgh Fringe, however he stopped before lighting the cigar. An exemption was also theoretically possible within the

Palace of Westminster The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parli ...

, as for other Royal Palaces, although members of the House of Commons and the House of Lords agreed to observe the spirit of the ban and restrict any smoking within the grounds of Parliament to four designated outside areas. Smoking is permitted in a private residence, although not in areas used as a shared work-space. In flats with communal entrances or shared corridors, smoking is not permitted. University halls of residence presented some dilemmas in practice as regards defining what is public and private. Several universities have imposed a blanket ban on smoking including halls of residence.

Public transport

As part of the implementation of the smoking ban, Transport for London announced that smoking would no longer be permitted in taxis, private hire vehicles and all

London Buses London Buses is the subsidiary of Transport for London (TfL) that manages most bus services in London, England. It was formed following the Greater London Authority Act 1999 that transferred control of London Regional Transport (LRT) bus se ...

premises, including all bus stop shelters. London Underground had already implemented a smoking ban on all its property (including all its station platforms, whether underground or not) much earlier, on 23 November 1987, as a result of the King's Cross fire five days before, likely caused by a discarded match. The

Association of Train Operating Companies The Rail Delivery Group (RDG), previously the Association of Train Operating Companies, is the British rail industry membership body that brings together passenger and freight rail companies, Network Rail and High Speed 2. History From 24 Oc ...

and Network Rail introduced an extended ban on smoking covering all railway property including all National Rail station platforms whether enclosed or not. The ban has since been extended to cover the use of

electronic cigarette An electronic cigarette is an electronic device that simulates tobacco smoking. It consists of an atomizer, a power source such as a battery, and a container such as a cartridge or tank. Instead of smoke, the user inhales vapor. As such ...

s. Smoking on board trains was banned in 2005 when both GNER and First Caledonian Sleeper withdrew smoking accommodation from their services. The Tyne and Wear Metro was the first public transport system to ban smoking in its entirety which has been enforced since the system first opened in 1980.

Policing of the ban

The ban is enforced by Environmental Health Officers in England, who issue warnings and offer advice before resorting to punitive measures and have had to issue a low frequency of fines since the law came into force. However, there were some objectors who generated higher-profile legal cases, for instance Hugh Howitt, also known as Hamish Howitt, the landlord of the Happy Scots Bar in Blackpool who was the first landlord to be prosecuted for permitting smoking in a smoke-free place under his control. On 2 August 2007, Howitt appeared before Blackpool Magistrates' Court and pleaded not guilty to 12 counts of failing to stop people smoking in his pub. On 2 December 2008, Howitt effectively had his premises licence revoked, after an appeal by Blackpool Council was upheld; he was not allowed to appeal, and Howitt had to close the Delboys Bar following the decision. There have been some incidents of violence perpetrated by people refusing to obey the ban, in one of which a former heavyweight boxer,

James Oyebola James Oyebola (10 June 1961 – 27 July 2007) was a Nigerian and British heavyweight boxer who won a bronze medal at the 1986 Commonwealth Games in the super heavyweight division. Oyebola was the British heavyweight champion from 1994 to 19 ...

, was shot in the head after he asked patrons at a nightclub to stop smoking and later died of his injuries. However, the view of enforcement authorities is that the smoke-free workplace regulations are simple to understand, popular, and as a result largely "self-policing". For a short while, bars in the UK that offered shisha (the smoking of flavoured tobacco through a pipe) were still allowed to provide their services inside the establishment, however the ban covered this area in late 2007 leading to a rapid decline in shisha bars.

Reaction to the ban

A group calling themselves "Freedom To Choose" launched a campaign for a judicial review of the smoke-free workplace regulations claiming a breach of the

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Con ...

, as it does not respect the right to privacy of people who wish to smoke in public. Supporters of the regulations put forward counter-arguments positing that the rights of smokers to indulge in their habit cease as soon as it negatively affects other people in the vicinity. In 2010, pub landlord Nick Hogan was briefly jailed for an offence related to the smoking ban. In 2012, it was reported that "Five years after the introduction of the smoking ban in England, almost seven out of 10 licensees want the legislation amended to allow for separate smoking rooms in pubs". A 2017 YouGov survey indicated growing support for the smoking ban, up to 83% from the 2007 figure of 78%. The ban was proving more popular among smokers where support had risen from 52% in 2009 to 64% in 2017.

Proposal for phased ban on smoking of cigarettes in the UK

On 4 October 2023, at the Conservative Party conference in Manchester, Prime Minister

Rishi Sunak Rishi Sunak (; born 12 May 1980) is a British politician who has served as Prime Minister of the United Kingdom and Leader of the Conservative Party (UK), Leader of the Conservative Party since October 2022. He previously held two Cabinet of ...

announced his intention to phase out cigarette smoking in the UK by raising the minimum smoking age from 18 every year until eventually no person can legally buy cigarettes. The proposal will be put before MPs in Parliament before potentially becoming law with Sunak promising Conservative MPs a whip-free vote on the matter. A similar proposal was made by the Labour Party earlier that year. Plans for the

Tobacco and Vapes Bill Tobacco is the common name of several plants in the genus ''Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the chie ...

, legislation implementing such a ban, were announced in the King's Speech during the

2023 State Opening of Parliament A State Opening of Parliament, State Opening of the Parliament of the United Kingdom took place on 7 November 2023 when King Charles III opened the fourth Legislative session, session of the List of MPs elected in the 2019 United Kingdom general ...

Notes

References

External links

NHS Smokefree website
(focused on Quitting)
Archived NHS Smokefree website
(Contains signage, and more legal info than the current site) ;Video clips
Discussing the ban with TV GP Dr Chris Steel

David Cameron discussing the ban

Smokefree England TV advert
{{DEFAULTSORT:Smoking Ban In England Governance of England Smoking in the United Kingdom 2007 establishments in England 2007 in politics Tobacco control