Smoking ban in England
Encyclopedia
A smoking ban in England and Wales, making it illegal to smoke
in all enclosed public places and enclosed work places 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
before this — Scotland
on 26 March 2006, Wales
on 2 April 2007 and Northern Ireland
on 30 April 2007.
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 days of opposition 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 have a ban in place by summer 2007 However, there was wide criticism from all sides of the argument on this, with even many MPs threatening to try to overturn the bill. Many representatives of the licensed trade told the government only a total ban would work, and over 90 MPs signed a motion demanding a total ban, with over 100 signing for a free vote on the issue. It was reported on 24 November that chief medical officer Liam Donaldson
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
, 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, to instigate a total ban on public smoking. Health Secretary
Patricia Hewitt
voted in favour of the amendment and, in so doing, voted against her own department's policy. 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.
On 7 June 2006, the House of Lords
Economic Affairs Committee accused the government of overreacting to the threat posed by passive smoking
and said that the smoking ban was symptomatic of MPs' failure to understand risk.
The smoking ban came into force on 1 July 2007, as stated on the 30 November 2006 by former Secretary of State for Health
Patricia Hewitt
, who called it "a huge step forward for public health".
Smoking is also permitted in the
Palace of Westminster
, as it is for other palaces, although members of the House of Commons
and the House of Lords
agreed to observe the ban and ban all smoking in the palace except for four designated outside areas.
Smoking is allowed in a private house, but one must not smoke in areas that one works in, or in "public" areas such as shared corridors.
Although prisons and hotel rooms are exempt, university halls of residence pose a dilemma for defining what is public and private. Some universities have imposed a blanket ban including halls of residence and some have not.
, was shot in the head after he asked a customer at a nightclub to stop smoking. He later died of his injuries. On 9 October 2008, Kanyanta Mulenga was found guilty of Mr Oyebola's murder and was given a life sentence with a recommendation from the judge that he serve at least 28 years.
of the smoking ban. They claimed that the law is in breach of the Human Rights Act 1998
, as it does not respect the right to privacy of people who wish to smoke in pubs and social clubs. Supporters of the ban put forward counter-arguments, which state that the rights of smokers to indulge in their pastime cease as soon as it negatively affects other people in the vicinity.
The British National Party
(BNP) and United Kingdom Independence Party
(UKIP) have stated their opposition to the smoking ban.
Hugh Howitt, also known as Hamish Howitt, is the landlord of the Happy Scots Bar, Blackpool. He is notable for being the first landlord to be prosecuted for permitting smoking in a smoke-free place under his control, a breach of the smoking ban in England. 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 will not be allowed to appeal against the decision. Howitt had to close the Delboys Bar following the decision.
products through vending machines on 1 October 2011 and imposing a fine of £2,500 if someone is caught trading.
Video clips
Tobacco smoking
Tobacco smoking is the practice where tobacco is burned and the resulting smoke is inhaled. The practice may have begun as early as 5000–3000 BCE. Tobacco was introduced to Eurasia in the late 16th century where it followed common trade routes...
in all enclosed public places and enclosed work places in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, came into force on 1 July 2007 as a consequence of the Health Act 2006
Health Act 2006
The Health Act 2006 is an Act of the Parliament of the United Kingdom. It provides for a number of administrative changes in the National Health Service.-Chapter 1 - Smoke-free premises, places and vehicles:...
. Similar bans had already been introduced by the rest of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
before this — Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
on 26 March 2006, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
on 2 April 2007 and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
on 30 April 2007.
Passage of the law
On 16 November 2004 a Public Health white paperWhite paper
A white paper is an authoritative report or guide that helps solve a problem. White papers are used to educate readers and help people make decisions, and are often requested and used in politics, policy, business, and technical fields. In commercial use, the term has also come to refer to...
proposed a smoking ban in almost all public places in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. Smoking restrictions would be phased in, with a ban on smoking in NHS
National Health Service (England)
The National Health Service or NHS is the publicly funded healthcare system in England. It is both the largest and oldest single-payer healthcare system in the world. It is able to function in the way that it does because it is primarily funded through the general taxation system, similar to how...
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 days of opposition 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 have a ban in place by summer 2007 However, there was wide criticism from all sides of the argument on this, with even many MPs threatening to try to overturn the bill. Many representatives of the licensed trade told the government only a total ban would work, and over 90 MPs signed a motion demanding a total ban, with over 100 signing for a free vote on the issue. It was reported on 24 November that chief medical officer Liam Donaldson
Liam Donaldson
Sir Liam Joseph Donaldson was the Chief Medical Officer for England, the 15th occupant of the post since it was established in 1855...
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
Cancer Research UK
Cancer Research UK is a cancer research and awareness charity in the United Kingdom, formed on 4 February 2002 by the merger of The Cancer Research Campaign and the Imperial Cancer Research Fund. Its aim is to reduce the number of deaths from cancer. As the world's largest independent cancer...
demanded them under the Freedom of Information Act
Freedom of Information Act 2000
The Freedom of Information Act 2000 is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level...
, 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
Conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
on an amendment to the Health Bill, submitted by the health select committee, to instigate a total ban on public smoking. Health Secretary
Secretary of State for Health
Secretary of State for Health is a UK cabinet position responsible for the Department of Health.The first Boards of Health were created by Orders in Council dated 21 June, 14 November, and 21 November 1831. In 1848 a General Board of Health was created with the First Commissioner of Woods and...
Patricia Hewitt
Patricia Hewitt
Patricia Hope Hewitt is an Australian-born British Labour Party politician, who was the Member of Parliament for Leicester West from 1997 until 2010. She served in the Cabinet until 2007, most recently as Health Secretary....
voted in favour of the amendment and, in so doing, voted against her own department's policy. 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.
On 7 June 2006, the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
Economic Affairs Committee accused the government of overreacting to the threat posed by passive smoking
Passive smoking
Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...
and said that the smoking ban was symptomatic of MPs' failure to understand risk.
The smoking ban came into force on 1 July 2007, as stated on the 30 November 2006 by former Secretary of State for Health
Secretary of State for Health
Secretary of State for Health is a UK cabinet position responsible for the Department of Health.The first Boards of Health were created by Orders in Council dated 21 June, 14 November, and 21 November 1831. In 1848 a General Board of Health was created with the First Commissioner of Woods and...
Patricia Hewitt
Patricia Hewitt
Patricia Hope Hewitt is an Australian-born British Labour Party politician, who was the Member of Parliament for Leicester West from 1997 until 2010. She served in the Cabinet until 2007, most recently as Health Secretary....
, who called it "a huge step forward for public health".
Following the passing of the law
After the 2010 General Election in the UK, the Coalition Government announced that it would not be reviewing the smoke-free legislation on 30 June 2010. 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 to the law
While the ban affects almost all public indoor spaces and places of work, some places are excluded from the ban, such as:- bus shelters (provided they are less than 50% covered, some councils however include all in the ban),
- phone boxes (but box types K2 to K8Red telephone boxThe red telephone box, a public telephone kiosk designed by Sir Giles Gilbert Scott, is a familiar sight on the streets of the United Kingdom, Malta, Bermuda and Gibraltar, and despite a reduction in their numbers in recent years, red boxes can still be seen in many places and in current or former...
are included in the ban, because they are completely sealed) - hotel rooms (if they are designated as smoking rooms)
- nursing homeNursing homeA nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
s - prisonPrisonA prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s - offshore oil rigOil platformAn oil platform, also referred to as an offshore platform or, somewhat incorrectly, oil rig, is a lаrge structure with facilities to drill wells, to extract and process oil and natural gas, and to temporarily store product until it can be brought to shore for refining and marketing...
s (only in designated rooms) - psychiatric wards (until 1 July 2008)
- stages/television sets (if needed for the performance, except in rehearsals)
- specialist tobacconists in relation to sampling cigars and/or pipe tobacco.
Smoking is also permitted in the
Palace of Westminster
Palace of Westminster
The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
, as it is for other palaces, although members of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
agreed to observe the ban and ban all smoking in the palace except for four designated outside areas.
Smoking is allowed in a private house, but one must not smoke in areas that one works in, or in "public" areas such as shared corridors.
Although prisons and hotel rooms are exempt, university halls of residence pose a dilemma for defining what is public and private. Some universities have imposed a blanket ban including halls of residence and some have not.
Policing of the ban
There have been several incidents of violence perpetrated by people refusing to obey the smoking regulations. In one incident, a former heavyweight boxer, James OyebolaJames Oyebola
James Oyebola was an English 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 1996....
, was shot in the head after he asked a customer at a nightclub to stop smoking. He later died of his injuries. On 9 October 2008, Kanyanta Mulenga was found guilty of Mr Oyebola's murder and was given a life sentence with a recommendation from the judge that he serve at least 28 years.
Opposition to the ban
A group, calling themselves "Freedom To Choose", launched a campaign for a judicial reviewJudicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of the smoking ban. They claimed that the law is in breach of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, as it does not respect the right to privacy of people who wish to smoke in pubs and social clubs. Supporters of the ban put forward counter-arguments, which state that the rights of smokers to indulge in their pastime cease as soon as it negatively affects other people in the vicinity.
The British National Party
British National Party
The British National Party is a British far-right political party formed as a splinter group from the National Front by John Tyndall in 1982...
(BNP) and United Kingdom Independence Party
United Kingdom Independence Party
The United Kingdom Independence Party is a eurosceptic and right-wing populist political party in the United Kingdom. Whilst its primary goal is the UK's withdrawal from the European Union, the party has expanded beyond its single-issue image to develop a more comprehensive party platform.UKIP...
(UKIP) have stated their opposition to the smoking ban.
Hugh Howitt, also known as Hamish Howitt, is the landlord of the Happy Scots Bar, Blackpool. He is notable for being the first landlord to be prosecuted for permitting smoking in a smoke-free place under his control, a breach of the smoking ban in England. 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 will not be allowed to appeal against the decision. Howitt had to close the Delboys Bar following the decision.
Vending Machines Banned
United Kingdom Government banned the sale and purchase of tobaccoTobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
products through vending machines on 1 October 2011 and imposing a fine of £2,500 if someone is caught trading.
External links
- NHS Smokefree website
- Quick guide to the smokefree law
- Freedom To Choose (F2C)
- England Smoking Ban (commercial site)
- United Kingdom Smoking Ban Resource Centre (commercial site)
- National Smoking Day
Video clips