Wales

The law provides that workplaces, including work vehicles, are smoke free at all times. There are a few limited exemptions to the prohibition on smoking in workplaces. Specifically, smoking is permitted in designated rooms for use by those 18 years and older in adult care homes and adult hospices. In addition, the law provides that if only part of the premises is used as a place of work, the premises are smoke free only to that extent. This provision may limit the application of the law and protection against tobacco smoke exposure, depending on the particular premises. Due to these limited exemptions, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all workplaces to be 100% smoke free. 

Premises that are open to the public are smoke free all of the time if they are also workplaces. Because the definition of “workplace” in the law is broad, public places are also workplaces except in very rare instances.

There are a few limited exemptions to the prohibition on smoking in public places, including designated rooms for use by those 18 years and older in adult care homes and adult hospices. In the rare case that a public place is not a workplace, the public place is smoke free only when it is open to the public; and if only partially a public place, smoke free to that extent. Due to these limited exemptions, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public places to be 100% smoke free. 

The law prohibits smoking in enclosed public transportation vehicles. Although commercial watercraft and aircraft are not within the scope of the smoke free regulations, in practice all airlines prohibit smoking on aircraft and watercraft carriers prohibit smoking in indoor areas of watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation.

Government facilities fall into the categories of places that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

The law provides that workplaces, including work vehicles, are smoke free at all times. There a few limited exemptions to the prohibition on smoking in workplaces (e.g., adult hospices and adult care homes); however, private offices are not among the exemptions listed. Thus, the law is interpreted as prohibiting smoking in indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to private offices.

Hospitals fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

The prohibition on smoking in workplaces and public places does not apply to designated rooms for use by persons aged 18 years or older in adult care homes and adult hospices. The room must be clearly marked as a room in which smoking is permitted. The room must be fully enclosed (except for doors and windows) and separately ventilated, and the door must mechanically close immediately after use.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free, including all public areas of residential care facilities.

Non-residential healthcare facilities fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities and preschools fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in childcare facilities and preschools. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. 

Primary and secondary schools fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities and vocational facilities fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in universities and vocational facilities. However, Sec. 4 3 of the Smoke-free Premises and Vehicles (Wales) Regulations 2020 exempts “private dwellings” from the smoking ban. This is interpreted as permitting smoking in non-shared lodging facilities within universities and vocational facilities. Because smoking is allowed in some designated bedrooms in universities/vocational facilities, the regulatory status code “Smoking is Restricted” is given.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to accommodation at universities and vocational facilities. 

Shops and stores fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed as exemptions to the smoking ban. Therefore, smoking is prohibited in shops and stores.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and stores.

Cultural facilities fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed as exemptions to the smoking ban. Therefore, smoking is prohibited in cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadiums and arenas fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Restaurants fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in restaurants. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars, pubs, and nightclubs fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in bars, pubs, and nightclubs. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs, and nightclubs.

Casinos fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in casinos. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Public areas of hotels and lodging fall into the categories of premises that are open to the public and are used as a workplace, and are not expressly listed in the exemptions to the smoking ban. Therefore, smoking is prohibited in public areas of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels and lodging.

Guestrooms of hotels and lodging fall into the categories of premises that are open to the public and are used as a workplace. The regulations contained a temporary exemption to the smoking ban for bedrooms in hotels and other lodging; however, this exemption expired in March 2022. Therefore, smoking is prohibited in guestrooms of hotels and lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to guestrooms of hotels and lodging.

Public areas of prisons and detention facilities fall into the categories of premises that are open to the public and are used as a workplace. Therefore, the law is interpreted as prohibiting smoking in public areas of prisons.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons.

Smoking is prohibited on vehicles used for the transport of members of the public or a section of the public (whether or not for reward or hire). Therefore, trains, buses, and other shared ground transportation are smoke free.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses, and other ground transportation.

Smoking is prohibited on vehicles used for the transport of members of the public or a section of the public (whether or not for reward or hire). Therefore, taxis are smoke free.

The regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft do not come within the scope of the Smoke-free Premises and Vehicles (Wales) Regulations 2020. However, smoking is banned by the airlines themselves and the Air Navigation Order 2009 prohibits smoking on commercial aircraft where no-smoking notices are displayed.

Although commercial aircraft are de facto smoke free, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on commercial aircraft.

Commercial watercraft do not come within the scope of the Smoke-free Premises and Vehicles (Wales) Regulations 2020. However, hovercraft and ferry companies have a policy prohibiting smoking on craft; therefore, there is a de facto ban. (See: http://www.hovertravel.co.uk/questions-and-answers.php.)

Although there is a de facto ban on smoking in watercraft, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should explicitly prohibit smoking on passenger commercial watercraft.

Public transport facilities fall into the categories of premises that are open to the public and that are used as a workplace, and are not specifically mentioned in the exemptions to the smoking ban. Therefore, public transport facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation facilities.

A dwelling that is used as a workplace must be smoke-free in the following circumstances: 1) if one or more of the persons who work at the premises do not live in the dwelling, or 2) if the persons who work at the premises all live in the dwelling and members of the public might attend the dwelling for the purposes of seeking or receiving goods or services from a person working from the dwelling, or 3) the dwelling is used as a place of work by no more than one person but where members of the public might attend for the purpose of seeking or receiving goods or services from the person working there (even if members of the public are not always present).

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to dwellings because it gives careful consideration to workplaces that are dwellings to ensure that workers are protected from tobacco smoke exposure.

An enclosed vehicle, or any part of a vehicle that is enclosed, is smoke-free all the time if the following condition is met. The vehicle is one that is used wholly or mainly in the course of paid or voluntary work and it is used: (a) by more than one person (even if the persons who use it do so at different times or intermittently), or (b) to transport members of the public or a section of the public.

An enclosed vehicle, or any part of a vehicle that is enclosed, that does not fall within the above paragraph is smoke-free if: it is used in the course of paid or voluntary work and more than one person is present in the vehicle and one of those is present for the purpose of receiving goods or services from the person using the vehicle. A vehicle that meets these conditions is smoke-free only when the vehicle is being used as described.

This provision aligns with FCTC Art. 8 Guidelines para. 20, which states that “vehicles used in the course of work are workplaces and should be specifically identified as such.”

The law prohibits smoking in an enclosed private vehicle in which a child under the age of 18 is present.