Exemptions to the Smokefree Legislation

Private dwellings

Private dwellings are not subject to the smoke free requirements, unless:

  • Part of the building is used solely as a place of work by people who do not live there.
  • During the course of the business other people are invited into that part of the building. There are no legal restrictions on people smoking in self-contained residential accommodation for temporary or holiday use (e.g.. holiday cottages, flats, caravans, lodges, etc).

Hotels and Guest Houses

Managers of hotels and guest houses can designate certain bedrooms as 'smoking rooms'. The designations must be in writing and the rooms must be clearly marked as bedrooms in which smoking is permitted.

Residential care homes, hospices and prisons

Managers can designate smoking rooms and smoking bedrooms (for those aged 18 and over), however there are further regulations around ventilation. Please contact us if you need further information. The designations must be in writing and the rooms must be clearly marked as rooms in which smoking is permitted. Rooms designated for smoking (not bedrooms) should not be used for any other purpose.

Vehicles

Privately owned vehicles used by the owner in connection with their work, and only occasionally for conveying other people in connection with work, will not be required to be smoke free.

Other Exemptions

There are some other exemptions which apply to specialist tobacco shops, off-shore installations, artistic performances and research and testing facilities. Mental health units will be treated similar to residential care homes, hospices and prisons until 1st July 2008, after which time there will not be any exemptions for mental health units.

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