Are there any Exemptions from the Law

Only a few premises are exempt from the smokefree law, and all exemptions are subject to strict conditions. It is the legal responsibility of anyone who controls or manages the premises to ensure that these conditions are met and that other enclosed or substantially enclosed parts of the premises are kept smokefree at all times.

• Exemptions are provided to allow managers to designate specific guest bedrooms for smoking in hotels, inns, hostels, guesthouses and members’ clubs that provide accommodation
• Care homes, hospices and prisons may designate either bedrooms or rooms to be used only for smoking, for use by persons over 18 years of age
• Residential mental health units are subject to this same exemption but will become smokefree on 1 July 2008
• Offshore installations, such as oil rigs, may also designate rooms to be used only for smoking
• Specialist tobacconist shops may allow people to sample cigars or pipe tobacco within the shop premises
• Research and testing facilities may designate certain rooms for smoking only while the rooms are being used for research or testing activities specified in the law

In those instances where a ‘room to be used only for smoking’ may be designated, this means that the room is not allowed to be used for any other purpose, for example, as a television room or library.

Any room where smoking is permitted must:

• Be designated in writing by the person in charge of the premises (does not apply to specialist tobacconist shops)
• Have a ceiling and, except for doors and windows, be completely enclosed on all sides by solid floor-to-ceiling walls
• Not have ventilation systems that ventilates into any other part of the premises (except other rooms designated for smoking) or into any other smokefree premises
• Have mechanically closing doors, which should also be compatible with other requirements, including fire regulations (does not apply to prisons)
• Be clearly marked as a room in which smoking is permitted

There is no legal obligation for any premises with exemptions to create designated smoking bedrooms or rooms if they do not wish to do so. Employers also continue to have legal responsibilities to protect the health, safety and welfare of their employees under health and safety at work laws.

There is also an exemption in relation to performances, where the artistic integrity makes it appropriate for a person taking part to smoke. This applies only during the performance, not rehearsals. The performer and any person that controls or manages the premises must meet the requirements of the new law and risk being fined or prosecuted if these requirements are not met.

If you require further advice on exemptions, we suggest you speak to your local council.