On 1 March 2021, the law around smoking in certain settings in Wales changed.
First published: 22 December 2020 Last updated: 3 February 2022A PDF download of this document will be available soon.
This guidance sets out what this means and what is required of those responsible for smoke-free places.
On 2 April 2007 the Smoke-free Premises etc. (Wales) Regulations 2007 (“the 2007 Regulations”) came into effect. These Regulations were introduced to save lives and prevent diseases caused by second-hand smoke. The Regulations were made using the powers in Chapter 1 of Part 1 of the Health Act 2006.
The legislation means that smoking is not allowed in ‘enclosed’ or ‘substantially enclosed’ public places, including workplaces. ‘No Smoking’ signs are required to be displayed in smoke-free premises and vehicles, and the law is enforced by Local Authorities. Failure to comply with the law is an offence.
Chapter 1 of Part 3 of the Public Health (Wales) Act 2017 (“the 2017 Act”) and the Smoke-free Premises and Vehicles (Wales) Regulations 2020 (“the 2020 Regulations”) came into force on 1 March 2021. Many of the requirements established in 2007 stayed the same, but via the 2017 Act and the 2020 Regulations, changes were made to extend the smoke-free requirements to more places and settings in Wales. The 2007 Regulations had a big impact on the number of people smoking, but smoking is still the main cause of premature death in Wales. We are therefore doing more to protect people from harmful second-hand smoke and know that reducing the number of young people taking up smoking saves lives.
In addition to the changes introduced in 2007 which mean that smoking is not allowed in ‘enclosed’ or ‘substantially enclosed’ public places and workplaces, the legislation introduced on 1 March 2021 means that hospital grounds, schools grounds and public playgrounds, as well as outdoor day care and child-minding settings are also required to be smoke-free.
Further changes were also made to the settings that the previous legislation did not require to be smoke-free. From 1 March 2022, smoking bedrooms in hotels, guest houses etc. is no longer permitted and all self-contained holiday accommodation (cottages, caravans etc.) are required to be smoke-free. In addition, smoking rooms in Mental Health Units will be phased out by 1 September 2022, and amendments have been made to who can use designated smoking rooms in adult care homes and adult hospices. In certain circumstances, those working in others’ homes are also able to work in a smoke-free environment as well for those that are receiving goods or services from a dwelling.
If you would like to ask us a question, please contact: TobaccoPolicy@gov.wales
The Smoke-free Premises etc. (Wales) Regulations 2007 (“the 2007 Regulations”) were introduced to protect employees and the public from the harmful effects of second-hand smoke. This legislation prevented smoking in ‘enclosed’ or ‘substantially enclosed’ public places, including workplaces and vehicles. The legislation has been very effective with high levels of compliance and public support. In 2015, the 2007 Regulations were amended to require cars carrying children to be smoke-free.
Smoking is extremely harmful and damaging to health and remains one of the main causes of inequalities in health in Wales. The Welsh Government is committed to taking action to reduce the health impacts of smoking and in taking steps to achieve our aim of a smoke-free Wales by 2030.
On 1 March 2021 we implemented the requirements in Chapter 1 of Part 3 of the Public Health (Wales) Act 2017 ('the 2017 Act') and the Smoke-free Premises and Vehicles (Wales) Regulations 2020 ('the 2020 Regulations') which together set out the smoke-free regime in Wales. Many of the requirements established by the 2007 Regulations stayed the same, but via the 2017 Act and the 2020 Regulations, we made changes to extend the smoke-free requirements to more places in Wales. Hospital grounds, schools grounds and public playgrounds, as well as outdoor day care and child-minding settings are now also required to be smoke-free.
Requiring more public places in Wales to be smoke-free helps reduce exposure to harmful second-hand smoke and reduce a known trigger for ex-smokers to re-start. Our hospitals are places where we support people to make positive choices about their health so requiring all hospital sites to be smoke-free promotes healthier care environments and helps to support smokers using hospital services, visiting or working in hospitals to quit.
We know that reducing the number of young people taking up smoking saves lives. Therefore banning smoking in areas where children and young people go regularly, like public playgrounds and school grounds, de-normalises smoking behaviour and reduce the chances of children and young people taking up smoking. Children’s Rights are enshrined in Welsh Law and the measures we have introduced support children’s rights under the United Nations Convection on the Rights of the Child (UNCRC). More details on this are provided in the Regulatory Impact Assessment to the 2020 Regulations.
The legislation we have implemented only covers smoking tobacco. It does not include e-cigarettes. All references in this guidance to ‘Smoking’ relate to the definition in the legislation which covers the smoking of cigarettes, pipes, cigars, herbal cigarettes and waterpipes (often known as hookah or shisha pipes) etc.
Therefore an individual will not be committing an offence if they were to use an e-cigarette/vape in a setting that is required to be smoke-free. However those responsible for particular places and settings may introduce voluntary, non-legislative requirements on e-cigarette use if they wish.
Since 2 April 2007 all public places, including workplaces and premises where voluntary work is carried out, have been required to be smoke-free. The legislation prohibits smoking in all public places which are defined as ‘enclosed’ or ‘substantially enclosed’.
Under the 2007 Regulations, premises were considered ‘enclosed’ if they had a ceiling or roof (either a fixed or moveable structure or device), and except for doors, windows or passageways, were wholly enclosed, whether on a permanent or temporary basis. Premises were defined as ‘substantially enclosed’ if they had a ceiling or roof (either a fixed or moveable structure or device), but there were openings in the walls, which were less than half of the total of walls. This definition included other structures that served the purpose of walls and constituted the perimeter of the premises. When determining the area of an opening, no account should have been taken of the openings in which doors, windows or other fittings could be open or shut.
The legislation requires that a ‘No Smoking’ sign is displayed in a prominent position at, or near, each entrance to smoke-free premises so that people entering the premises can see it.
’Enclosed’ or ‘substantially enclosed’ workplaces and premises open to the public will still be required to be smoke-free, but these definitions have been amended.
There has been some cases where the definition of ‘enclosed’ and ‘substantially enclosed’ have caused confusion, particularly whether structures which do not form part of the premises but which serve the purpose of walls, and therefore form part of the perimeter of the premises, should be considered when assessing whether the premises is ‘enclosed’ or ‘substantially enclosed’. We have updated the definitions of these meanings to make it clear that other structures which form part of the perimeter of the premises should be included when assessing the structure.
’Enclosed’ or ‘substantially enclosed’ workplaces and premises open to the public are still required to be smoke-free, but the definitions have been amended to make them clearer.
There has been some cases where the definition of ‘enclosed’ and ‘substantially enclosed’ have caused confusion, particularly whether structures which do not form part of the premises but which serve the purpose of walls, and therefore form part of the perimeter of the premises, should be considered when assessing whether the premises is ‘enclosed’ or ‘substantially enclosed’. We updated the definitions of these meanings to make it clear that other structures which form part of the perimeter of the premises should be included when assessing the structure.
The person who controls or is concerned with the management of the smoke-free workplace or premises open to the public must take reasonable steps to stop a person who is smoking there from smoking. The section of this guidance on 'How to ensure compliance with the legislation' provides suggestions on the reasonable steps that managers of these settings can take.
Since 2007, it is an offence to smoke in an enclosed or substantially enclosed workplace and premises open to the public. It is also an offence to fail to take reasonable steps to stop a person smoking there. Authorised officers within each local authority enforce the law across Wales and we continue to expect very high levels of public compliance. More details on enforcement are in the 'Making it work - Enforcing the smoke- free law' section of this guidance.
Signs are required to be displayed in smoke-free premises. We have made it easier to comply with the signage requirements. More details are provided under the Signage section of this guidance.
All enclosed vehicles used for work purposes by more than one person, or to transport members of the public, are required to be smoke-free all of the time. ‘No smoking’ signs are required to be displayed in the vehicle.
The legislation also makes it an offence to smoke in a private vehicle carrying a child. A child is described as a person under the age of 18 years old. ‘No–smoking’ signs are not required to be displayed in the vehicle.
The legislation that was in place before 1 March 2021 continues to be in force. This means that enclosed vehicles used for work purposes by more than one person, or to transport members of the public, are still required to be smoke-free all of the time. ‘No Smoking’ signs are required and local authorities are still responsible for enforcement.
It is also still against the law to smoke in a private vehicle carrying a child. ‘No Smoking’ signs are not required as it is a private vehicle. Local authorities and the police are authorised to act to enforce this requirement.
The new parts of the legislation introduced from 1 March 2021 extended the smoke-free requirements to cover people who are providing paid for or voluntary goods or services to another person in a vehicle. Such vehicles were not previously covered by the smoke-free requirements because they were not wholly or mainly used for work or public transport purposes. As we want to protect as many people as possible from the dangers of second-hand smoke, we extended the smoke-free requirements to cover more vehicles.
Below are some examples of how the requirements that we introduced on 1 March 2021 work:
A carer uses their car to take the person they support to the doctor’s surgery. The car is required to be smoke-free during those journeys. If the car is used for social, domestic or other private purposes at all other times, smoking in the car is permitted. A similar requirement is in place for a car that is used by a child-minder to take children to/from school, but is otherwise used for private, social or domestic purposes.
Caravans and motor caravans are exempt from the smoke-free vehicles requirements if they are stationary and not on the road.
If the caravan or motor home is being used to live in, it is not required to be smoke-free, regardless of whether it is on the road or not.
The driver, operator or person who is concerned with the management of a smoke-free vehicle has a duty to prevent smoking in a smoke-free vehicle. Failure to do so is an offence. The section of this guidance on How to ensure compliance with the legislation, provides suggestions on the reasonable steps that can be taken.
Local authorities (and the police in relation to private cars carrying children) are responsible for enforcing the smoke-free vehicles requirements. There are offences for smoking in a smoke-free vehicle, for not displaying signs when required to and also for failing to prevent smoking. More details on enforcement are in the 'Making it work - Enforcing the smoke- free law' section of this guidance.
‘No Smoking’ signs are required in vehicles that are wholly or mainly used for work purposes or that carry members of the public.
We have made it easier to comply with the signage requirements – more details are provided under the 'Signage' section of this guidance.
There is no requirement for ‘No Smoking’ signs in those private vehicles carrying children or those vehicles where paid for or voluntary goods or services are being provided to another person in a vehicle.
In general, dwellings were not previously covered by the legislation but there were exceptions to this.
If a dwelling is also a workplace, the legislation required (and still requires) that only those parts of the dwelling that are used solely for work are required to be smoke-free all of the time. For example, if a room in a home is used solely for work purposes, and if other people who do not live in the building attend that room in connection with the work that is carried out there (e.g. as workers or customers), then the room is required to be smoke-free.
Any part of a dwelling that is shared with other premises is required to be smoke-free. This covers shared facilities such as communal lifts and stairways in blocks of flats and shared kitchens or laundries in dormitory-style accommodation.
The legislation previously also said that a dwelling did not need to be smoke-free whilst a service was being provided to persons living there. Examples of these services are personal/health care services, such as carers supporting a person living in their home or assisting with domestic or maintenance work (e.g. cleaners and tradespeople working in that dwelling).
More dwellings that are also used as workplaces some of the time are now required to be smoke-free. The legislation was amended to protect more workers from the harms of second-hand smoke while they are working.
To be classed as a workplace, dwellings must fall within one of the categories below. A dwelling will be considered to be a workplace, if it is:
1. Used as a place of work by more than one person and either:
a) At least one of those workers does not live there; or
b) All workers live there, but members of the public might attend the premises to seek or receive goods or services from a person working there [(even if members of the public are not always present)].
In these scenarios, the legislation applies even where persons work there at different times or intermittently.
2. Used as a place of work by no more than one person but members of the public might attend to seek or receive goods or services from the person working there. It will still be a workplace even if members of the public are not always present.
This means that members of the public seeking or receiving goods or services from a person working at a dwelling are able to do so in a smoke-free environment.
We have also removed the previous exemption which said that a dwelling did not have to be smoke-free when a service was being provided to a person living in the dwelling. This change means that all types of work activities are included in the assessment of whether a dwelling is a workplace and are therefore required to be smoke-free whilst people are working there.
There are limits to the restrictions applying to dwellings that are used as workplaces falling within the categories above. These are explained.
For example, if a member of the public receives physiotherapy provided in the physiotherapist’s home, only the parts of the premise that are used to provide that service to the public need to be smoke-free (e.g. the hallway, room used and any bathroom facilities provided). If a cleaner attends a premises (where another person also works) to provide cleaning services, the areas that the cleaner will enter in the course of their work are required to be smoke-free.
Continuing the above scenarios, the physiotherapist could smoke anywhere in the dwelling when not using it for work purposes. Likewise, the person for whom the cleaning is being provided may smoke anywhere in the dwelling, provided the cleaner is not working in them.
It is an offence to smoke in a smoke-free workplace.
Below are some examples of how the requirements would work in different scenarios:
As explained, one of the circumstances in which a dwelling is considered to be a workplace is when it is used as a place of work by more than one person and at least one of those workers does not live there. This the case even where persons work there at different times or intermittently. An example is a cleaner who visits a home every Thursday. One week, a plumber also visits the home to fix a tap. As the home is the workplace of two workers (the cleaner and the plumber), and even though they are in the home at different times, the dwelling is required to be smoke-free in the areas where work is taking place whilst either of the workers are there. In the case of a person supported in their home by a carer, it is often the case for that person to be visited by more than one carer, even if the carer attends each visit on their own. Most of these types of arrangements provide for leave and sickness cover and so involves more than one worker attending the person’s dwelling. The person’s home therefore meets the definition of a workplace and is required to be smoke-free while the carers are working there and in the parts in which they are working.
Whilst we consider the majority of homes will meet the definition of a workplace, if there is never anyone working in the dwelling (e.g. a plumber/ electrician etc) and/or no member of the public ever attends to receive goods or services, then there are no smoke-free requirements and smoking can take place anywhere in the dwelling at any time.
The smoke-free requirements do not apply to people who work at home, unless they fall within one of the categories listed above. Although they are working, it is their home so there are no smoking restrictions. The only time the home would have to be smoke-free is if another worker who does not live there was present or if a member of the public might visit to receive goods or services from the person working there.
There are no requirements to display ‘No Smoking’ signs in dwellings even if the dwelling is considered to be a permanent workplace.
There was previously no law in place to prevent smoking in these areas. Some voluntary, non-legislative smoke free requirements were in place in some settings.
All outdoor care settings for children in Wales are now required to be smoke-free. 'Outdoor care settings for children' are the outdoor areas of those premises which are registered under Part 2 of the Children and Families (Wales) Measure 2010, and are premises which provide day care or child minding for a child or children under the age of 12. To be an outdoor care setting, it must not be ‘enclosed’ or ‘substantially enclosed’. These outdoor areas are only required to be smoke-free when the premises is being used for day care or child minding. In the case of a child minder providing care in their home, the outdoor areas of the home are required to be smoke-free if one or more of the children are in the outdoor area.
The person who controls or manages an outdoor care setting for children and registered child minders must take reasonable steps to stop a person who is smoking there from smoking. The section of this guidance on How to ensure compliance with the legislation provides suggestions on the reasonable steps that managers of these settings and childminders can take. There are offences for smoking in an outdoor care setting for children, and also for failing to take reasonable steps to stop a person smoking there. Authorised officers within each Local Authority will enforce the new law across Wales but we expect very high levels of public compliance. More details on enforcement are in the Making it work - Enforcing the smoke- free law section of this guidance.
‘No Smoking’ signs are required inside the childcare setting (unless the setting is also a dwelling, like a child minders home where there are no requirements).
There is no requirement for ‘No Smoking’ signs to be displayed in outdoor care settings for children.
Childminders often look after children in their own home and there are no signage requirements for inside or outside areas of dwellings. Many care settings are in areas that are used only intermittently or are shared with other premises. We therefore do not think it would be reasonable to expect managers to put up ’No Smoking’ signs each time they take the children to the outdoor area and then take them down as they leave. However managers and childminders can display ‘No Smoking’ signs in their outdoor areas if they wish to do so. We have provided a template ‘No smoking’ sign and this is available on the Welsh Government website.
Smoking in enclosed and substantially enclosed areas of schools has been banned since 2007. There was no law in place to prevent smoking in school grounds. Some voluntary, non-legislative smoke free requirements were however in place.
The law requires that ‘No Smoking’ signs are displayed in a prominent position at or near the entrance to the school buildings so that people entering can see it.
From 1 March 2021, school grounds are also required to be smoke-free. This is in addition to school buildings (the enclosed and substantially enclosed areas of the school) which were previously required to be smoke-free, and which continue to be required in the new legislation.
'School' has the meaning given by section 4 of the Education Act 1996. School grounds are those areas that are not enclosed or substantially enclosed and are used exclusively or mainly by the school for educational, sporting or recreational purposes. All schools in Wales with school grounds are included in the legislation – community, community special, foundation, voluntary aided, voluntary controlled and maintained nursery schools. Pupil Referral Units are also captured and therefore the grounds of these Units will be required to be smoke-free. The legislation does not cover further or higher education settings such as Further Education or sixth-form colleges.
School grounds that are next to or adjoin the school are required to be smoke-free when either the school or the grounds are being used for education or childcare, for example a school sports field. In this case, the school sports field is required to be smoke-free during school hours. School grounds that do not adjoin the school, are required to be smoke-free when the grounds or any part of the grounds are being used for education or childcare. For example, if a school has a sports field that is for its sole use, but which is across the road from the school, the sports field will be smoke-free only when being used by the school.
Those schools that provide residential accommodation to pupils may, if they wish to, designate an area in the school grounds where smoking is permitted. The school may choose not to designate an area if that is their local policy. If it is decided that a designated smoking area is put in place, the location within the school grounds needs to be carefully considered.
If a designated area is provided, it has to fulfil the following conditions:
The smoke-free requirements do not apply to a dwelling that is within a school grounds. For example the garden of a caretaker’s house within the school grounds would not be required to be smoke-free.
The person who controls or is concerned with the management of the school grounds must take reasonable steps to stop a person who is smoking there from smoking. The section of this guidance on How to ensure compliance with the legislation provides suggestions on the reasonable steps that can be taken.
There are offences in respect of smoking in school grounds and for failing to take reasonable steps to stop a person smoking. Authorised officers within each Local Authority enforce smoke-free law across Wales. More details on enforcement are in the 'Making it work - Enforcing the smoke-free law' section of this guidance.
‘No Smoking’ signs are required in school buildings. We have made it easier to comply with the signage requirements – more details are provided under the Signage section of this guidance.
Signs must also be displayed in a prominent position at, or near, the main entrance to the school grounds to make all users of the school aware that the school grounds are smoke-free. If the school has more than one main entrance, then signs must be displayed at, or near, all of the entrances.
The ‘No Smoking’ signs for the school grounds must:
It is against the law to smoke in these school grounds/Mae ysmygu yn nhir yr ysgol hon yn erbyn y gyfraith.
There are no specific requirements on the size, design or colour of the smoke-free school grounds signs. We have designed a template sign which may be used when producing these signs. This template is available on the Welsh Government website.
A poster for display on the exits from the school building into the school grounds is also available to remind school users that it is against the law to smoke in the school grounds. This is available on the Welsh Government website for schools to display if they wish.
Smoking in enclosed and substantially enclosed areas of the hospital has been banned since 2007. There is currently no law in place to prevent smoking in hospital grounds or in the outdoor areas of hospitals, for example near building exits but hospitals in Wales have voluntary, non-legislative smoke free requirements in place.
The law requires that a ‘No Smoking’ sign is displayed in a prominent position at or near each entrance to the hospital building so that people entering can see it.
From 1 March 2021, hospital grounds in Wales will be required to be smoke-free. This is in addition to the hospital buildings (the enclosed and substantially enclosed areas of the hospital) which are currently required to be smoke-free.
Hospital has the meaning given by section 206 of the National Health Service (Wales) Act 2006. The grounds of a hospital includes all grounds that adjoin the hospital, are used by or occupied by it, and are not enclosed or substantially enclosed. The smoke-free requirements will apply to all NHS and independent sector hospitals in Wales.
The legislation enables the person in charge of the hospital premises to designate an area in the hospital grounds where smoking is allowed, if they wish to do so. The hospital may choose not designate an area if that is their local policy. If it is decided that a designated smoking area is put in place, the location within the hospital grounds needs to be carefully considered.
If it is decided that a designated area is to be provided, it has to fulfil the following conditions:
The person in charge of the premises must also keep a record of all the areas which have been designated and who are permitted persons. The designated area may be changed or withdraw at any time. The legislation does not specify how the designated smoking is clearly marked so this can be at the discretion of the person in charge of the hospital grounds.
The smoke-free requirements will not apply to a dwelling within the hospital grounds. For example if a member of staff has accommodation provided to them within the grounds of the hospital, the garden of their home will not be required to be smoke-free.
The person who controls or is concerned with the management of the hospital grounds must take reasonable steps to stop a person who is smoking there from smoking. The section of this guidance on getting prepared and how to comply with the legislation, provides suggestions on the reasonable steps that can be taken.
There are offences in relation to smoking in hospital grounds and for failing to take reasonable steps to stop a person smoking. Authorised officers within each local authority will enforce the new law across Wales but we expect high levels of public compliance and support. More details on enforcement are in the making it work - enforcing the smoke- free law section of this guidance.
‘No Smoking’ signs will continue to be required in hospital buildings. We have made it easier to comply with the signage requirements – more details are provided under the signage section of this guidance.
‘No Smoking’ signs must also be displayed in a prominent position at, or near, the main entrance to the hospital grounds to make all users of the hospital aware that the hospital grounds are required to be smoke-free. If the hospital has more than one main entrance, then signage must be displayed at, or near, all of the entrances.
The ‘No Smoking’ signs for the hospital grounds must:
It is against the law to smoke in these hospital grounds/Mae ysmygu yn nhir yr ysbyty hwn yn erbyn y gyfraith.
There are no specific requirements on the size, design or colour of the smoke-free hospital grounds signs. We have designed a template sign which may be used when producing these signs. This template is available on the Welsh Government website.
A poster for display on the exits from the hospital into the hospital grounds is also available to remind hospital users that it is against the law to smoke within hospital grounds. This will be provided for hospitals to display if they wish.
There was no law in place to prevent smoking in these areas. Some voluntary, non-legislative smoke-free requirements were previously in place in some public playgrounds. There were no signage requirements.
All public playgrounds in Wales are required to be smoke-free all of the time. Even if there are no children in the public playground, the playground must be smoke-free at all times.
A public playground is an outdoor area (it is not enclosed or substantially enclosed) which contains playground equipment that is open to the public for children to play on. Playground equipment includes for example a swing, sandpit, slide, or a ramp. It does not include powered equipment (such as equipment powered by an electric motor).
The public playgrounds that are included are those which have Local Authority involvement. This means that the playground is managed or maintained by local authorities or Community Councils. The playground must be designed, or adapted, for use by children and must contain one or more pieces of playground equipment.
The public playground is required to be smoke-free at all times within the playground boundary. Playground boundaries may be marked by metal or wooden fencing for example, or by shrubs.
If there is no boundary, then the smoke-free area is within 5 metres of any item of playground equipment.
The person who controls or is concerned with the management of the public playground must take reasonable steps to stop a person who is smoking there from smoking. The section of this guidance on 'How to ensure compliance with the legislation', provides suggestions on the reasonable steps that can be taken.
There are offences in relation to smoking in public playgrounds and for failing to take reasonable steps to stop a person smoking. Authorised officers within each Local Authority enforce the new law across. More details on enforcement are in the 'Making it work - Enforcing the smoke- free law' section of this guidance.
A least one sign must be displayed in the public playground.
For public playgrounds with a boundary, this sign must be in a prominent position at or near the main entrance (if there are more than one main entrance, then each of them).
For public playgrounds without a boundary, a sign must be placed in a prominent position near the playground.
‘No Smoking’ signs in public playgrounds must:
There are no specific requirements on the size, design or colour of the smoke-free public playgrounds signs. We have designed a template sign which may be used when producing these signs. This template is available on the Welsh Government website.
Smoking inside certain places is currently allowed and details are set out below. For some of these settings, this continues to be the case. For others we have removed the exemption and require that these places become smoke-free.
The law currently provides an exemption to the smoking ban for self-contained holiday and temporary accommodation. Smoking can therefore take place anywhere inside these premises if the owner allows.
The law also allows designated smoking bedrooms to be provided in hotels, guesthouses, inns, hostels or members’ clubs. In these bedrooms, guests are able to smoke if the owner allows. Other areas of the hotel etc are smoke-free and ‘No Smoking’ signs are required at the entrances to these premises.
The legislation introduced on 1 March 2021 continues to allow for smoking to take place in self-contained holiday and temporary accommodation if the owner allows, but only for a limited time (until 1 March 2022). Examples of these types of accommodation are cottages, caravans, chalets and Airbnb’s.
Also for a limited time period (until 1 March 2022), smoking bedrooms can be provided in hotels, guesthouses, inns, hostels or members’ clubs. In these bedrooms, guests are able to smoke, if the owner allows. If the manager of the hotel etc wants to provide a designated smoking bedroom, the designation has two new conditions:
Condition 1 is that the person in charge of the hotel designates the bedroom for smoking and keeps a record of all the rooms that have been designated. The designation can be withdrawn at any time.
Condition 2 relates to the room and sets out its requirements. The room:
a) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor to ceiling walls
b) does not have a ventilation system that ventilates into a smoke-free part of the premises
c) does not have doors which do not mechanically close immediately after use if they open into smoke-free areas; and
d) is clearly marked as a room in which smoking is permitted.
On 1 March 2022, all types of self-contained accommodation and all hotels, guest houses and inns etc will be required to be smoke-free at all times. It will be an offence to smoke in these smoke-free areas. Smoking can take place in the outside areas of these premises if the owner allows. We provided 12 months (from 1 March 2021-1 March 2022) to enable businesses to phase out their smoking accommodation and convert it to become smoke-free.
If any part of the premises is also used as a dwelling, then that part does not have to be smoke-free. See the section of this guidance on dwellings for further information.
If a premises is almost always a dwelling, but it is let out intermittently for holiday or temporary accommodation purposes (such as an Airbnb house or cottage), the premises would only have to be smoke-free when it is being used in this way. For example, when guests are using the cottage as a holiday home. When the premises is not being rented out, it returns to being a dwelling and there are no smoke-free requirements (unless it is being used as a workplace. See the section on dwellings for further information).
In the example of a privately owned caravan, the caravan would not need to be smoke-free if the owner was using it. If another person used it for holiday or temporary purposes (i.e. it is being rented by a member of the public) then the caravan would be required to be smoke-free.
Until 1 March 2022, designated smoking bedrooms must be clearly marked as a room in which smoking is permitted. The legislation does not specify how the designated smoking bedroom is clearly marked so this can be at the discretion of the person in charge of the premises.
‘No Smoking’ signs continue to be required in a hotel, guest houses etc. We have made it easier to comply with the signage requirements – more details are provided under the 'Signage' section of this guidance.
There are no requirements for signs to be displayed in self-contained holiday or temporary accommodation as it is can be the case that they are only sometimes used for holiday accommodation. At other times, they are used as a dwelling. Signs can be displayed however if the owner wishes. Templates are available on the Welsh Government website.
The law provides an exemption to the smoking ban for adult care homes and adult hospices. This enables the person in charge of the adult care home/adult hospice to designate a smoking room, inside the home or hospice. Other areas of the home or hospice are smoke-free and ‘No Smoking’ signs are required at the entrances.
We have kept the exemption but we added an additional condition to who can use the designated smoking room in these settings. A designated smoking room can only be used by residents of the adult care home or adult hospice who are aged 18 and over. The room cannot therefore be used by staff or visitors to smoke and children are prohibited.
The meaning of ‘adult care home’ is aligned to the Regulation and Inspection of Social Care (Wales) Act 2016 which provides that a “care home service” is the provision of accommodation, together with nursing or care at a place in Wales, to persons because of their vulnerability or need.
‘Adult hospice’ means premises wholly or mainly used for the provision of palliative care to persons aged 18 or over, who are suffering from a progressive disease in its final stages, by or behalf of an establishment the primary function of which is the provision of such care.
If the manager of the adult care home or adult hospice wants to provide a designated smoking room, the designation has two new conditions:
Condition 1 is that the person in charge of the adult care home or adult hospice designates the smoking room as only for use residents who are over the age of 18. A record of all the rooms that have been designated must be kept. The designation can be withdrawn at any time;
Condition 2 relates to the room and sets out its requirements. The room:
a) Has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor to ceiling walls.
b) Does not have a ventilation system that ventilates into a smoke-free part of the premises.
c) Does not have doors which do not mechanically close immediately after use if they open into smoke-free areas.
d) Is clearly marked as a room in which smoking is permitted.
In addition to designated smoking rooms inside the adult care home or adult hospice, smoking can take place in the grounds of these premises, if the manager agrees. For example, the garden of an adult hospice. It is a local decision on whether a designated smoking area is put in place in these outdoor areas.
The designated smoking room must be clearly marked as a room in which smoking is permitted. The legislation does not specify how the designated room is clearly marked so this can be at the discretion of the person in charge of the premises.
‘No Smoking’ signs are required in the adult care home and adult hospice. We have made it easier to comply with the signage requirements – more details are provided under the Signage section of this guidance.
There is no requirement to display ‘No Smoking’ signs in the grounds of an adult care home or adult hospice.