Smoke-free, heated tobacco-free and vape-free places in England
Published 13 February 2026
Applies to England
Introduction
The case for change
People deserve to live in a fairer UK, where everyone lives well for longer. By addressing the main underlying drivers of ill-health and tackling persistent inequalities in health, we will put the NHS on a sustainable footing for the future and create a healthier country.
The 10 Year Health Plan for England sets out our ambitious plans to shift the dial from sickness to prevention.
As part of this, we are committed to creating a smoke-free UK and protecting future generations from the harms of tobacco and risks of nicotine addiction. This includes through:
- reducing smoking prevalence and supporting people to stop smoking
- improving the long-term health outcomes associated with smoking, including reducing deaths from cancer, cardiovascular disease and stroke
- stopping young people vaping
The devolved governments in Scotland, Wales and Northern Ireland are also taking forward ambitious plans, as outlined in:
- Scotland’s Population Health Framework and Tobacco and vaping framework: roadmap to 2034
- the Tobacco control strategy for Wales
- the Ten year tobacco control strategy for Northern Ireland
Together, our strategies share a common goal: to secure a healthier future for the next generation.
The impact of smoking
Smoking remains a significant public health concern. While adult smoking prevalence continues to decrease across the UK, the Office for National Statistics (ONS) Adult smoking habits in the UK: 2024 reported that 5.3 million people aged 18 years or over were current smokers. This was 10.6% of adults across the UK, including 10.4% of adults in England (4.4 million people aged 18 years or over).
Tobacco is a uniquely harmful product and smoking is the leading preventable cause of death, disability and ill health in the UK. It is responsible for 64,000 deaths per year (based on mortality data in the Smoking Profile).
Up to two-thirds of deaths in current smokers can be attributed to smoking and smoking causes harm throughout people’s lives, not only for the smoker but for people around them (Banks and others, 2015). It is a major risk factor for poor maternal and infant outcomes, significantly increasing the chance of stillbirth and asthma in children (Marufu and others, 2015; He and others, 2020).
Smoking causes around 1 in 4 of all cancer deaths in England (NHS England, 2023) and the NHS page on lung cancer reports that smoking is responsible for the majority of lung cancer cases. It is also a major cause of premature heart disease, stroke and heart failure and increases the risk of dementia (Livingston and others, 2020; Royal College of Physicians, 2018). Smokers who start smoking at around the start of adult life lose an average of 10 years of life expectancy, or around 1 year for every 4 smoking years after the age of 30 (Royal College of Physicians, 2018).
As a result, smoking puts significant pressure on the NHS. Almost every minute of every day someone is admitted to hospital because of smoking. Analysis by Cancer Research UK has shown that up to 75,000 GP appointments could be attributed to smoking each month, which is equivalent to over 100 appointments every hour.
In total, smoking costs the country £21.3 billion per year - including through lost productivity and health and care costs - far outweighing tax receipts (Action on Smoking and Health, 2025). This includes costs to the NHS and social care of £3 billion. This is equivalent to the annual salaries of 500,000 nurses, 387,000 GPs, or over 380 million GP appointments.
Smoking also causes socioeconomic and geographic inequality in health outcomes. An additional 500,000 households are considered to be living in poverty in the UK when tobacco expenditure is accounted for (Reed, 2021).
Addiction is not a choice. The ONS ‘Adult smoking habits in the UK: 2024’ report showed that three-quarters of smokers wish they had never started smoking and the majority of smokers want to quit.
The impact of heated tobacco
Heated tobacco is inserted into a heated tobacco device and heated to temperatures less than conventional cigarettes, releasing an aerosol. There is no safe level of tobacco consumption and all tobacco products are harmful (World Health Organization, 2025).
Although heated tobacco use is currently low in the UK, with University College London’s Smoking Toolkit Study in October 2025 reporting its use by around 0.3% of people aged 16 years and over, awareness is rising. The Action on Smoking and Health (ASH) page on heated tobacco reported that 28% of adults were aware of heated tobacco compared with 9% in 2017 and 19% in 2024.
The impact of vaping
Evidence shows that vaping is less harmful than smoking and can be effective in helping adult smokers to quit (Lindson and others, 2025; Office for Health Improvement and Disparities, 2022). However, vapes are not harm free and data on the longer-term harms of vaping are still emerging.
The leading health risk from vaping is nicotine addiction (Office for Health Improvement and Disparities, 2022). Evidence suggests that children and young people may be more susceptible to the risks of nicotine use (Colyer-Patel and others, 2023).
Nicotine vapes should only be sold to people aged 18 and over. Despite this, youth vaping has more than doubled in the last 5 years. In 2023, 1 in 4 young people aged 11 to 15 had tried vaping (NHS England, 2024).
From a call for evidence to legislation
Public support for change
In November 2023, the government, working with the devolved governments, launched a UK-wide consultation on creating a smokefree generation and tackling youth vaping. In part, this built on a call for evidence on youth vaping that was launched in April 2023. The response to this consultation was clear, with many respondents:
- backing the proposal to create a smoke-free generation
- supporting measures to curb youth vaping
- calling for tougher enforcement so that retailers and manufacturers could be held accountable
Separate polling found that the vast majority of the public in England supported ending the sale of tobacco to future generations. A 2024 YouGov poll for ASH reported that 71% of adults supported the goal to make Britain a country where no-one smokes. There is strong public support to extend smoke-free legislation outdoors. A 2025 YouGov poll for ASH shows that 91% of the public support making all children’s playgrounds and school grounds smoke-free and 79% support the ban of smoking in hospital grounds.
Legislation
This public support provided a powerful mandate for change and we have acted on what we heard.
The Tobacco and Vapes Bill is currently being considered by Parliament. The provisions in the bill, together with the new regulation making powers it will provide, will help us achieve our ambition for a smoke-free UK and protect future generations from the risks of nicotine addiction. The bill will, among other measures, enable us to do the following.
Create a smoke-free generation, by making it illegal for tobacco products to be sold to anyone born after 2008. In practice, this means the age of sale for tobacco products will gradually rise over time, breaking the cycle of addiction and disadvantage.
Strengthen the existing ban on smoking in public places to reduce the harms of second-hand smoke in certain outdoor settings. This will particularly help children and medically vulnerable people.
Introduce heated tobacco-free and vape-free places in indoor and certain outdoor locations to support a healthier environment.
Stop vaping and nicotine products from being deliberately promoted and advertised to appeal to children. This will stop the next generation from becoming addicted to nicotine through introducing restrictions on packaging, flavours and display in shops, among other things.
Introduce a licensing scheme for the retail sale of tobacco, vapes and nicotine products in England, Wales and Northern Ireland. The Scottish Government has an existing tobacco and vape register for retailers of these products which will be expanded to include all nicotine products and herbal smoking products.
Strengthen enforcement activity to support the implementation of the above, including through introducing a new product registration scheme in the UK.
Consultation overview
The Tobacco and Vapes Bill includes a range of new regulation-making powers. The government, working with the devolved governments, plans to make use of these new powers as soon as reasonably practicable after the bill receives royal assent, so as to deliver maximum public health benefit.
This consultation focuses on smoke-free, heated tobacco-free and vape-free places in England. The devolved governments will carry out separate consultations on these areas in due course.
In England, we are proposing to expand current indoor smoking restrictions to certain outdoor public places. These include children’s playgrounds and outdoor areas of health and social care and education settings. We also propose introducing heated tobacco-free and vape-free places. This will protect children and medically vulnerable people who may otherwise be exposed to prolonged contact, through no choice of their own, with:
- secondhand smoke
- secondhand emissions from heated tobacco
- secondhand vapours from vaping
As part of this consultation, we would like your views on our smoke-free, heated tobacco-free and vape-free places proposals. This includes considering any potential impacts on:
- people and businesses
- groups with protected characteristics
Please consider potential impacts in your response to the consultation questions.
We would like to gather as much detail as possible. There will be the option to provide additional information and evidence to support your answer on specific multiple-choice questions through subsequent free text boxes. You can also upload a document to support your submission.
Call for evidence and future consultations
The government, working with the devolved governments, is considering other areas of potential future regulation. This includes gathering evidence through a UK-wide call for evidence to support legislation, which launched on 8 October 2025 and closed on 3 December 2025.
We expect to consult on further proposed measures later this year. For more information, see ‘Next steps’.
Territorial extent
Health policy is a devolved matter in Scotland, Wales and Northern Ireland.
The following organisations are responsible for improving public health in their nations, including reducing tobacco use and tackling the health risks of youth vaping:
- Department of Health and Social Care (DHSC) in England
- Directorate for Population Health in Scotland
- Health and Social Services Group in Wales
- Department of Health in Northern Ireland
The UK government and the devolved governments continue to work together on the Tobacco and Vapes Bill, which applies across the UK, and on subsequent regulation.
This consultation applies to England only. This is because the specific policies currently in place in each of the 4 nations differ in line with devolved decision-making.
The UK government and devolved governments will continue to work together to develop wider policy proposals across all 4 nations where appropriate.
Tobacco industry declaration
The UK is a party to the World Health Organization (WHO) Framework Convention on Tobacco Control and so has an obligation to protect the development of public health policy from the vested interests of the tobacco industry. To meet this obligation, we ask all respondents to disclose whether they have any direct or indirect links to, or receive funding from, the tobacco industry.
Why we are proposing smoke-free, heated tobacco-free and vape-free places
Health risks from secondhand smoke
Secondhand smoke poses a risk to health, even outdoors. Evidence suggests that non-smokers that are exposed to secondhand smoke have an increased risk of death from all causes as well as a number of health conditions including lung cancer (Lv and others, 2015; Possenti and others, 2024). The ASH report Secondhand smoke (2020) showed that groups particularly at risk to the effects of secondhand smoking include:
- children
- pregnant women
- people with pre-existing health conditions that might not be visible to the smoker, such as asthma or heart disease
We know that despite these secondhand harms, smoking continues to happen in outdoor locations where children and medically vulnerable people could be present (TackSHS Project Investigators and others, 2021). This includes:
- children’s playgrounds
- outside hospitals
- outside schools
Health risks from secondhand heated tobacco emissions and vape vapours
The use of heated tobacco and vapes is increasing in prevalence. Although the evidence on secondhand heated tobacco and vaping is still developing, there is some evidence suggesting that these activities could be harmful to health.
Lab studies show evidence of toxicity from heated tobacco and that the aerosol generated by heated tobacco devices contains carcinogenic (cancer causing) compounds (Committee on Toxicity, 2017).
The vapours generated by vapes typically raise the levels of particulate matter in indoor environments and the vapours may contain nicotine and other potentially toxic substances. According to WHO’s advice on e-cigarettes, these vapours pose potential risks to both users and non-users.
Current smoke-free laws
In England, the Health Act 2006 made it illegal to smoke in an enclosed or semi-enclosed workplace or public place. This includes public transport and vehicles used for work.
A review based on international evidence has shown that national smoking bans improve cardiovascular health and reduced deaths for smoking-related illnesses (Frazer and others, 2016).
Since 2015, it has also been illegal to smoke in a vehicle with a person aged 17 and under present.
Exemptions to current smoke-free laws
There are a number of exemptions to the current smoke-free legislation. This means that if certain requirements are followed then smoking is permitted in certain locations or under certain circumstances. These include:
- designated rooms in hotels, guest houses, inns, hostels, members’ clubs, care homes, hospices and offshore installations, such as oil rigs
- research and testing facilities when used for specific purposes
- specialist tobacconists while being used for cigar and pipe tobacco sampling
- where appropriate for the artistic integrity of a performance
These exemptions will remain for the existing indoor smoke-free places, but the exemption for performers (such as people performing in a play or shooting a film) will be reframed as a ‘defence’, as a result of the provisions of the Tobacco and Vapes Bill. The exemptions take certain areas out of scope of the offences, so that the offences cannot be committed in those places. However, a defence can be raised by someone whose actions could otherwise amount to an offence, to protect them from liability. We intend that the performance defence will apply in all smoke-free, heated tobacco-free and vape-free places, but it is outside the scope of this consultation.
The indoor smoking ban in the Health Act 2006 does not extend to the Crown Estate, such as prisons.
Voluntary policies on heated tobacco, vapes and smoking outdoors
There is currently no legislation in place that restricts where someone can use heated tobacco or vapes and there is not currently any legislation restricting smoking outdoors.
However, a number of places across England have introduced voluntary policies to limit heated tobacco and vape use indoors and to limit smoking in outdoor workplaces and other public places. For example. Oxfordshire County Council has implemented a voluntary smoke-free park initiative. We are aware of pubs, restaurants and retail settings setting a policy that prohibits customers from vaping in the premises.
Smoke-free outdoor places in other countries
Several countries, including Denmark, Spain and France, have introduced smoke-free outdoor places, particularly where children play or where medically vulnerable people are likely to be present.
Proposals for smoke-free, heated tobacco-free and vape-free places
Making outdoor places smoke-free
We want to protect children and medically vulnerable people from the harms of secondhand smoke by making certain outdoor areas smoke-free. This includes the following.
Public children’s playgrounds (those with council involvement).
The outdoor areas of health and care settings, including:
- GP surgeries
- health centres and clinics (GP practices combined with other health services including neighbourhood health centres where relevant)
- mental health and learning disabilities clinics
- community hospitals
- community rehabilitation centres
- children’s centres
- community mental health centres
- community midwifery units
- community diagnostic centres
- acute hospitals
- specialist hospitals
- mental health hospitals, including:
- high-secure mental health hospitals
- medium-secure mental health hospitals
- other mental health facilities
- elective care centres
- outpatient clinics (often in hospitals or as satellite units)
- walk-in centres and urgent treatment centres
- major teaching hospitals
- specialist tertiary centres and hospitals
- children’s hospitals
- intermediate care units
- rehabilitation centres
- hospice centres
- care homes with nursing (nursing homes)
- residential care homes
- assisted living homes
- day centres for older people or people with disabilities
- accident and emergency
- minor injuries units
This excludes private outdoor dwellings that are not used as workplaces.
The outdoor areas of education setting, including:
- schools (maintained, non-maintained and independent) including:
- academies
- free schools
- alternative provision academies
- maintained nursery schools
- pupil referral units
- sixth form colleges and 16 to 19 academies (including 16 to 19 free schools)
- early years childcare settings
This means that it would be illegal to smoke in these locations. However, private outdoor dwellings that are not used as a workplace would not be included, such as the garden of an on-site school caretaker’s house.
The 10 Year Health Plan for England sets out the government’s commitment to “strengthen the existing ban on smoking in public places, to reduce the harms of passive smoking, particularly around children”.
We are not considering extending the indoor smoking ban to outdoor hospitality settings or wide-open spaces like beaches. We need to balance protecting the most vulnerable and limit any potential financial impact on businesses.
You will be asked whether you agree or disagree with various outdoor places being made smoke-free, including:
- public children’s playgrounds
- outdoor areas of health and care settings
- outdoor areas of education settings
Exemptions to smoke-free outdoor places
Some settings in scope of our proposal to make outdoor places smoke-free are residential settings. People in these settings may not be able to leave easily and may require an on-site outdoor smoking area. We propose allowing an exemption to smoke-free outdoor places to accommodate this.
The outdoor settings that we propose should be allowed an exemption are:
- care homes with nursing (nursing homes)
- residential care homes
- assisted living homes
- hospice centres
- mental health residential facilities
- residential schools (only for permitted persons in these settings)
We propose that the manager or person in charge of the site would be able to designate a certain part of the outdoor area as a smoking area. The manager or person in charge could decide whether to do this based on the needs of the people living on their site.
You will be asked if you agree or disagree with the settings that we are proposing to be exempt from smoke-free outdoor places.
Heated tobacco-free indoor and outdoor places
We propose that all indoor smoke-free areas should also become heated tobacco-free. This includes:
- enclosed and semi-enclosed workplaces and public places
- public transport
- vehicles used for work
- private vehicles with a person aged 17 years and under present
We propose that all outdoor settings that would become smoke-free should also become heated tobacco-free. This means that in areas where smoking is banned, heated tobacco use would also be banned.
This is due to lab evidence that shows heated tobacco aerosols contain toxic and carcinogenic compounds, and the need to protect children and medically vulnerable people.
You will be asked if you agree or disagree with our proposals for all indoor places that are currently smoke-free to become heated tobacco-free.
You will be asked whether you agree or disagree with various outdoor places being made heated tobacco-free (the same list as proposed for smoke-free settings), including:
- public children’s playgrounds
- outdoor areas of health and care settings
- outdoor areas of education settings
Exemptions to heated tobacco-free places
We propose to match the majority of the indoor smoke-free exemptions for indoor heated tobacco use, such as dedicated rooms in hotels. This is to ensure that we are not taking a harsher approach to heated tobacco use compared to smoking, given all tobacco products are harmful.
The exception to this is specialist tobacconists. A specialist tobacconist is a shop that sells tobacco products where more than half of the sales on the premises come from:
- cigars
- snuff
- pipe tobacco
- smoking accessories
Specialist tobacconists may also sell other products.
An exemption to smoke-free places legislation currently exists to allow cigars and pipe tobacco to be sampled in specialist tobacconists, when certain requirements are met, such as having an appropriate ventilation system. This exemption is in place due to the specialist nature of the trade of these businesses. We do not propose to extend this exemption to other tobacco products, including heated tobacco.
We propose that the exemption for outdoor smoke-free places is matched for outdoor heated tobacco-free places. This would enable the manager or person in charge to designate a certain part of the outdoor area for heated tobacco use in residential settings where people may not be able to leave the site.
You will be asked if you agree or disagree with our proposed exemptions for heated tobacco-free places.
Vape-free indoor and outdoor places
We propose that all indoor smoke-free places should also become vape-free. This includes:
- enclosed and semi-enclosed workplaces and public places
- public transport
- vehicles used for work
- private vehicles with a person aged 17 years and under present
This means that where smoking is banned indoors, vaping will also be banned.
We propose that public children’s playgrounds and the outdoor areas of education settings (those proposed in relation to outdoor smoke-free places) should also become vape-free. This is because vape vapour may pose risks to both people who vape and those around them, including children and medically vulnerable people.
We also want to help reduce vaping, especially near children and young people. We expect this will help reduce the perceived attractiveness and uptake of vaping by children.
However, we do not propose that the outdoor areas of health and care settings (where our proposals would ban smoking and heated tobacco use) should be included in the scope of vape-free places. This is to balance the need to protect medically vulnerable people while still helping adult smokers quit, and vaping can play a role in helping people to stop smoking.
You will be asked if you agree or disagree with our proposals for all indoor places that are currently smoke-free to become vape-free.
You will be asked whether you agree or disagree with various outdoor places being made vape-free, including:
- public children’s playgrounds
- outdoor areas of education settings (the same list as proposed for smoke-free education settings)
Exemptions to vape-free places
We propose to match the majority of indoor smoke-free exemptions for vaping, such as designated rooms in care homes. This is to ensure that we are not taking a harsher approach to vaping compared to smoking or heated tobacco use.
However, we are not proposing to create an exemption for specialist tobacconists or specialist vape shops. There is no clear or agreed definition of a specialist vape shop and vape shops vary significantly. Shops selling vapes are not age-restricted premises and sometimes premises selling vapes are appealing to children, including toy shops. We think it would be inappropriate to exempt such settings at this time.
We propose to exempt smoking cessation service settings where there is behavioural support to quit or cut down smoking delivered by a local authority or the NHS. This will allow vapes to be used under the supervision of a healthcare professional as a form of treatment in these settings.
We also propose that the manager or person in charge of a mental health residential facility can designate certain indoor areas where vaping is allowed (vaping areas). This is because these sites can be considered to be dwellings and we want to ensure that these people with complex needs are appropriately supported to quit smoking.
We do not propose to set specific requirements for the indoor vaping exemptions at this stage, so there is flexibility for the manager or person who is in charge of a vaping area.
We propose that as well as a residential school exemption for outdoor smoke-free and heated tobacco-free places, there is also a residential school exemption for outdoor vape-free places. This would enable the manager or person in charge of these sites to designate a certain part of the outdoor area as a vaping area.
You will be asked if you agree or disagree with our proposed exemptions for vape-free places.
Boundaries to where smoking, heated tobacco use and vaping are restricted outdoors
Clear boundaries are needed to ensure that the public understand where smoking, heated tobacco use and vaping are banned in outdoor settings.
There is differing evidence on how far secondhand smoke travels outdoors. For example, one study indicates that smoke from a cigarette can be detected 9 metres away (Hwang and Lee, 2014). Another study suggests that it can be detected up to 21 metres away (Kim and Lee, 2024).
There are a variety of different approaches taken internationally, including:
- Australian states such as New South Wales (NSW) have mandated a 10 metre no smoking perimeter around children’s play equipment in outdoor public places (see NSW smoke-free laws)
- Singapore mandates a 5 metre no smoking perimeter around a number of public locations (see Smoking (Prohibition in Certain Places) Regulations 2018)
- France has mandated a 10 metre no smoking perimeter around the access points of schools as well as other locations (see Légifrance (in French))
We are considering 3 different approaches for defining the boundaries of smoke-free, heated tobacco-free and vape-free outdoor places. For all 3 approaches, we propose that the same boundaries are used for smoke-free, heated tobacco-free and vape-free outdoor places. We expect this would make the boundaries easier to understand and enforce.
Approach 1: site boundary and an additional 10 metre perimeter
The whole outdoor site, and an additional 10 metre perimeter beyond the site boundary, should be designated as smoke-free, heated tobacco-free and vape-free (where appropriate).
This would prevent these activities happening just outside the site boundary and further protect children and medically vulnerable people from being exposed to secondhand harms. However, enforcement may be more challenging due to uncertainty about the limits of the additional 10 metre perimeter. The perimeter may also overlap with areas which would continue not to be covered by restrictions, such as private property.
Approach 2: site boundary and an additional 10 metre perimeter around access points
The whole outdoor site, and an additional 10 metre perimeter around the access points only (such as entrances and exits), should be designated as smoke-free, heated tobacco-free and vape-free (where appropriate).
This would prevent these activities happening in the entrances and exits, where children and medically vulnerable people are more likely to gather. Enforcement could be slightly easier, but there could still be uncertainty about the limits of the 10 metre perimeter and overlap with areas out of scope.
Approach 3: site boundary
The whole outdoor site only should be designated as smoke-free, heated tobacco-free and vape-free (where appropriate). This approach could be easier to enforce but would risk children and vulnerable people being exposed to secondhand harms. These harms could come from people just outside the boundary, such as those immediately outside the entrance of a playground or a school.
In all 3 approaches, where an outdoor setting does not have a clear site boundary, we propose that the site boundary is the equivalent to 10 metres from play equipment or buildings.
You will be asked about your preferred approach to the boundaries of smoke-free, heated tobacco-free and vape-free outdoor places.
Signs to show where a place is smoke-free, heated tobacco-free and vape-free
Currently, all indoor places where smoking is banned must have at least one clear no-smoking sign. The people in charge of these places can decide the size, design and location of the signs.
We propose updating this requirement so that all indoor places that have been designated smoke-free, heated tobacco-free and vape-free must have at least one sign saying this. This would help make the rules clear to everyone and make them easier to enforce. This would in turn support understanding of, and compliance with, new restrictions.
We propose that there would be flexibility for these indoor signs, including that the person or people in charge of the place should still be able to decide their size, design and location. At least one sign with the relevant information would be required, but the people in charge could decide whether to have:
- multiple signs
- separate signs for each restriction
- combined no-smoking, no-heated tobacco and no-vaping signs
For outdoor areas that we propose will be smoke-free and heated tobacco-free, and in some cases vape-free, we suggest requiring a sign to be displayed. The sign should describe these rules and the distance the rules apply to, if applicable. At least one sign should be placed at an access point or area boundary.
Where the boundary is not clearly defined, such as for some public children’s playgrounds, the sign should be positioned next to the play equipment or building. It should describe how far the no smoking, no heated tobacco and no vaping perimeter extends.
Similarly to the indoor signs, we propose that the people in charge should decide the size and design of these outdoor signs. A sign with the relevant information would be required, but the people in charge could decide whether to have:
- multiple signs
- separate signs for each restriction
- combined signs
This flexibility in signage requirements means that places that already have signs will not need to replace all of them. We are also aware that a number of places in scope already voluntarily have policies in place that prohibit vaping. This means that they may not need to make many changes to comply with the new legislation.
The businesses and organisations in scope will need to put up the signs. The government would provide readily accessible sign templates for different scenarios to support sites with implementation. This would avoid the need for bespoke signage to be designed or commissioned for places in scope, although our proposed flexibilities would allow businesses to use their own design or format if they would prefer.
You will be asked if you agree or disagree with our proposed approaches for indoor and outdoor signage.
Smoking, heated tobacco use and vaping areas
As set out above, we propose that managers or the people in charge of sites with an exemption would be able to designate smoking, heated tobacco use and vaping areas.
You will be asked questions about the requirements we should set for exempted outdoor smoking, heated tobacco use and vaping areas, and potential impacts on the rest of the site.
Proposed implementation period
If and when regulations become law, sites will need time to implement smoke-free, heated tobacco-free and vape-free places measures. This includes, for example, familiarising staff and preparing for changing signs.
We propose the total period allowed between relevant regulations being made and new legal requirements coming into force should be no less than 6 months. In practice, this would mean relevant sites need to comply with new smoke-free, heated tobacco-free and vape-free restrictions and requirements by the end of at least a 6 month implementation period.
You will be asked whether you agree or disagree with our proposed implementation period.
Consultation stage impact assessment
We have published a consultation stage impact assessment alongside this consultation. We are asking respondents to let us know about any measurable impacts we have not considered in our impact assessment.
The data and evidence used in the impact assessment reflects the best available at the time of completing the impact assessment in October 2025. Following this consultation, we will update the impact assessment as appropriate. This will include our consideration of information we gather through responses and any new data and evidence made available since the impact assessment was published.
The consultation stage impact assessment sets out the benefits and costs we expect to arise over time as a result of the proposed smoke-free, heated tobacco-free and vape-free policy. It also sets out the stakeholders we expect to be affected.
Where possible, we have monetised the benefits and costs. However, it has been challenging to monetise many of the benefits associated with the proposals. This means we do not currently have an overall monetised assessment of benefits and costs that we think represents a fair reflection of the net impact on society.
The main benefits identified for our proposals are the health benefits associated with reduced exposure to secondhand smoke, heated tobacco and vaping for the public, especially children, pregnant women and medically vulnerable people. Better public health means lower pressure on the NHS and a stronger workforce for UK businesses.
The main costs we expect to arise are those required for businesses to:
- familiarise themselves with the policy
- buy, replace or put up new signage
Other costs identified include a potential loss in profits, if the policy reduces the number of people using the products in scope.
The overall monetised costs reflects that the policy applies to every workplace and some public places in England. The individual monetised costs to each location is predicted to be low, on average, and is largely limited to understanding the new legislation and to updating the signage.
We took a conservative approach to estimating costs in the impact assessment. The cost estimates may overestimate impacts, since a proportion of businesses may already operate similar policies or have existing signage in place.
Where it has not been possible to monetise a cost or benefit at this stage, we will look to do so in the final stage impact assessment. There we can use data and evidence collected through the consultation and further research.
You will be asked whether you have any evidence or data to inform the assumptions or estimates of the costs or benefits in the impact assessment.
You will be asked whether you are aware of any:
- stakeholders that will be affected, or costs and benefits, that we have not identified in the impact assessment
- potential unintended consequences of the proposed policies that we have not identified
How to respond
You can respond to the consultation through the online survey.
The consultation is open for 12 weeks from 13 February 2026 and will close at 11.59pm on 8 May 2026. If you respond after this date, we will not consider your response.
We invite views on the above proposals as well as alternative suggestions, including consideration of policy design and/or the best way to implement policies. If you have alternative suggestions, please summarise:
- how your suggestions would better achieve the aims of the policy
- how your suggestions would work in practice
- any implementation issues that we should be aware of
You can upload a document to support your response at the end of the survey.
Do not upload information that could identify you or another member of the public. Do not provide personal data when responding to free text survey questions. We will remove any personal data before we analyse these responses and we will not consider them in the outcome.
If you have any issues completing the online survey, contact tobaccoandvapesconsultations@dhsc.gov.uk. Do not include any personal information in your email.
Next steps
Response and further consultation
Following the consultation period we will publish a response. Subject to the responses received to this consultation, we intend to implement smoke-free, heated tobacco-free and vape-free places regulations in this Parliament.
We expect to consult on further tobacco and vapes-related proposals later this year. This includes proposed restrictions on the packaging, device appearance and display of tobacco, vaping and nicotine products.
Subject to the findings from the call for evidence to support legislation, we also expect to consult from later this year on:
- a new licensing scheme for the retail sale of tobacco, vaping and nicotine products
- a new product registration scheme
- restrictions on the substances, ingredients, emissions and levels of nicotine allowed in vaping and nicotine products
Reducing burden on businesses
We are aware of the need to introduce future regulations in a way that limits the burden placed on businesses as far as possible. For example, this includes aligning implementation timeframes where possible.
The governments of all 4 nations will carefully consider the sequencing of when any changes to legislation will come into force. This includes considering:
- the responses received to this consultation and any subsequent consultations
- wider factors, such potential cumulative effects on businesses
Consultation questions
About you
Questions for everyone
In what capacity are you responding to this survey?
- An individual sharing my personal views and experiences
- An individual sharing my professional views
- On behalf of an organisation
Do you have any direct or indirect links to, or receive funding from, the tobacco industry?
- Yes
- No
Questions for people sharing their personal or professional views
Where do you live in the UK?
- England
- Wales
- Scotland
- Northern Ireland
- I live outside the UK
What is your age? (Optional)
- Under 13
- 13 to 15
- 16 to 24
- 25 to 34
- 35 to 44
- 45 to 54
- 55 to 64
- 65 to 74
- 75 or above
- Prefer not to say
What is your sex? (Optional)
- Male
- Female
- Prefer not to say
What is your ethnic group? (Optional)
- White - includes British, Northern Irish, Irish, Gypsy, Irish Traveller, Roma or any other White background
- Mixed or multiple ethnic groups - includes White and Black Caribbean, White and Black African, White and Asian or any other Mixed or multiple background
- Asian or British Asian - includes Indian, Pakistani, Bangladeshi, Chinese or any other Asian background
- Black, Black British, Caribbean, African or any other Black background
- Other - includes Arab or any other ethnic group
- Prefer not to say
Are you currently pregnant? (Optional)
- Yes
- No
- Don’t know
- Not applicable
- Prefer not to say
Do you have any physical or mental health conditions or illnesses lasting or expected to last 12 months or more? (Optional)
- Yes
- No
- Prefer not to say
If you said yes, do any of your conditions or illnesses reduce your ability to carry out day-to-day activities? (Optional)
- Yes, a lot
- Yes, a little
- Not at all
- Prefer not to say
Questions for people sharing their professional views and those responding on behalf of an organisation
What is the main area or focus of your work? (Optional)
- Academic
- Advocacy
- Distribution
- Education
- Emergency services
- Enforcement agencies
- Healthcare
- Hospitality
- Justice system
- Legal
- Local government
- National government
- Production or manufacturing
- Retail
- Social care
- Wholesale
- Other, please specify
Do you work for, or are you providing views on behalf of, any of the following? Select all that apply.
- Manufacturer or producer of a tobacco product
- Manufacturer or producer of a vape or nicotine product
- Importer of a tobacco product
- Importer of a vape or nicotine product
- Distributor of a tobacco product
- Distributor of a vape or nicotine product
- Retailer of a tobacco product
- Retailer of a vape or nicotine product
Or:
- None of the above
Questions for people responding on behalf of an organisation
Please provide the name of the organisation you are responding on behalf of. (Optional)
Where does your organisation operate or provide services? Select all that apply.
- England
- Wales
- Scotland
- Northern Ireland
- The whole of the UK
- Outside the UK
- Online
What is the size of your organisation?
- Small (0 to 49 employees)
- Medium (50 to 249 employees)
- Large (250 or more employees)
Making outdoor places smoke-free
Do you agree or disagree with our proposal to make public children’s playgrounds (those with council involvement) smoke-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree in principle with our proposal to make outdoor areas of health and care settings smoke-free?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
We propose to make the outdoor areas of health and care settings smoke-free. A detailed list of these is above in the ‘Proposals for smoke-free, heated tobacco-free and vape-free places’ section.
This excludes private outdoor dwellings that are not used as workplaces.
Do you agree or disagree with our proposed list of health and care settings where outdoor areas would be smoke-free?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree in principle with our proposal to make outdoor areas of education settings smoke-free?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
We propose to make outdoor areas of education settings smoke-free. A detailed list of these is above in the ‘Proposals for smoke-free, heated tobacco-free and vape-free places’ section.
This excludes private outdoor dwellings that are not used as workplaces, such as the garden of an on-site school caretaker’s house.
Do you agree or disagree with our proposed list of education settings where outdoor areas would be smoke-free?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answers to the questions in this section. This could include, for example, sharing comments on any settings in the above categories that are not listed but you think should be included, settings that are listed that you think should not be included or other types of settings that should be considered for inclusion. (Optional, maximum 600 words)
Exemptions to smoke-free outdoor places
The outdoor settings that we propose should be allowed an exemption are:
- care homes with nursing (nursing homes)
- residential care homes
- assisted living homes
- hospice centres
- mental health residential facilities
- residential schools (only for permitted persons in these settings)
This would mean that the manager or person in charge could decide whether to designate an outdoor smoking area based on the needs of people living on the site.
Do you agree or disagree with allowing an exemption for the above settings? (Optional)
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answer. This could include, for example, sharing comments on whether you think more or fewer settings should be allowed an exemption or your views on allowing the manager or person in charge to designate a smoking area. (Optional, maximum 600 words)
Heated tobacco-free indoor and outdoor places
Do you agree or disagree with our proposal that all indoor places that are currently smoke-free should also become heated tobacco-free? These places include enclosed and semi-enclosed workplaces and public places, public transport, vehicles used for work and private vehicles with an individual aged 17 years and under present.
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree with our proposal to make public children’s playgrounds (those with council involvement) heated tobacco-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree in principle with our proposal to make outdoor areas of health and care settings heated tobacco-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree with our proposed list of health and care settings where outdoor areas would be heated tobacco-free? This is the same list as proposed for smoke-free health and care settings.
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree in principle with our proposal to make outdoor areas of education settings heated tobacco-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree with our proposed list of education settings where outdoor areas would be heated tobacco-free? This is the same list as proposed for smoke-free education settings.
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answers to the questions in this section. This could include, for example, sharing comments on any settings in the above categories that are not listed but you think should be included, settings that are listed that you think should not be included or other types of settings that should be considered for inclusion. (Optional, maximum 600 words)
Exemptions to heated tobacco-free places
With the exception of specialist tobacconists, we propose matching heated tobacco exemptions with the indoor smoke-free and proposed outdoor smoke-free exemptions.
For the outdoor areas this would mean that the manager or person in charge could decide whether to designate an outdoor heated tobacco area based on the needs of people living on the site.
Do you agree or disagree with our proposed exemptions for heated tobacco-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answer. This could include, for example, sharing comments on whether you think more or fewer settings should be allowed an exemption. (Optional, maximum 600 words)
Vape-free indoor and outdoor places
Do you agree or disagree with our proposal that all indoor places that are currently smoke-free should also become vape-free? These places include enclosed and semi-enclosed workplaces and public places, public transport, vehicles used for work and private vehicles with an individual aged 17 years and under present.
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree with our proposal to make public children’s playgrounds (those with council involvement) vape-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree in principle with our proposal to make outdoor areas of education settings vape-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Do you agree or disagree with our proposed list of education settings where outdoor areas would be vape-free? This is the same list as proposed for smoke-free education settings.
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answers to the questions in this section. This could include, for example, sharing comments on any settings in the above categories that are not listed but you think should be included, settings that are listed that you think should not be included or other types of settings that should be considered for inclusion. (Optional, maximum 600 words)
Exemptions to vape-free places
We propose matching the relevant vape-free exemptions with the indoor smoke-free and proposed outdoor smoke-free exemptions.
We also propose indoor vaping exemptions for smoking cessation services and for mental health residential facilities.
For the outdoor areas and mental health residential facilities this would mean that the manager or person in charge could decide whether to designate a vaping area based on the needs of people living on the site. The manager or person in charge of a smoking cessation service could also decide whether to designate a vaping area to support smoking cessation efforts.
Do you agree or disagree with our proposed exemptions for vape-free places?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answer. This could include, for example, sharing comments on whether you think more or fewer settings should be allowed an exemption or your views on allowing the manager or person in charge to designate a vaping area for the relevant settings. (Optional, maximum 600 words)
Boundaries to where smoking, heated tobacco use and vaping are restricted outdoors
We are considering 3 different approaches for defining the boundaries of smoke-free, heated tobacco-free and vape-free outdoor places. For all 3 approaches, we propose that the same boundaries are used for smoke-free, heated tobacco-free and vape-free outdoor places.
Please see the consultation document for more detail about the proposed approaches.
Which is your preferred approach to the boundaries of smoke-free, heated-tobacco free and vape-free outdoor places?
- Approach 1 (site boundary and an additional 10 metre perimeter)
- Approach 2 (site boundary and an additional 10 metre perimeter around access points)
- Approach 3 (site boundary only)
- An alternative approach (please specify in the free text question at the end of this section)
- Don’t know
Where an outdoor setting does not have a clear site boundary, we propose that the site boundary is the equivalent to 10 metres from play equipment or buildings.
Do you agree or disagree with our proposed approach to outdoor settings that do not have a clear site boundary?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answers to the questions in this section. This could include, for example, sharing comments on an alternative approach to boundaries or additional perimeters, the distance of any additional perimeter beyond the site boundary, any evidence that you have taken into account to support your response or your comments on any potential challenges associated with indicated approaches. (Optional, maximum 600 words)
Signs to show where a place is smoke-free, heated tobacco-free and vape-free
We propose that all indoor places that have been designated smoke-free, heated tobacco-free and vape-free must have at least one sign saying this.
We propose that there would be flexibility for these indoor signs, including in relation to size, design and location.
Do you agree or disagree with our proposed approach for indoor signage?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
We propose that outdoor places that will be smoke-free, heated tobacco-free and in some cases vape-free should also have a sign displaying this.
These signs should describe the rules and the distance the rules apply to, if applicable. At least one sign should be placed at an access point or area boundary.
Do you agree or disagree with our proposed approach for signage for outdoor areas with a clear boundary?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
We propose that a sign should be positioned next to the play equipment or building where a boundary is not clearly defined.
Do you agree or disagree with our proposed approach for signage for outdoor areas without a clear boundary?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answers to the questions in this section. (Optional, maximum 600 words)
Smoking, heated tobacco use and vaping areas
We propose that managers or the person in charge of sites with exemptions would be able to designate smoking, heated tobacco use and vaping areas.
If we proceed with these exemptions, what requirements should we set for the outdoor smoking, heated tobacco use and vaping areas that can be designated under this exemption? This could include, for example, who is permitted to use the areas, the size of the areas, the distance from buildings, whether smoking, heated tobacco use and vaping should be allowed in the same area or kept separate, any other practical considerations and any evidence that can help make these decisions. (Optional, maximum 600 words)
If there are any potential impacts on the rest of the site that might result from people using designated areas for smoking, heated tobacco use, and/or vaping, please outline them here. (Optional, maximum 600 words)
Proposed implementation period
Do you agree or disagree with our proposed implementation period of no less than 6 months?
- Agree
- Neither agree nor disagree
- Disagree
- Don’t know
Please explain your answer. This may include, for example, sharing comments on whether the total period allowed for implementation between regulations being made and new legal requirements fully coming into force should be longer or shorter or on implications the proposal could have for certain groups. Please reference any evidence that you have taken into account to support your response. (Optional, maximum 600 words)
Consultation stage impact assessment
We have published a consultation stage impact assessment alongside this consultation.
If you have any evidence or data to inform the assumptions or estimates of the costs in the impact assessment, please include it here. This could include any information, evidence or data on signage costs and the potential loss in profit. (Optional, maximum 300 words)
If you have any evidence or data to inform the assumptions or estimates of the benefits in the impact assessment, please include it here. This could include any information, evidence or data on the health benefits associated with any reduction in the use of these products, such as secondhand health impacts. (Optional, maximum 300 words)
If you are aware of any stakeholders that will be impacted, or costs and benefits that have not been identified in the impact assessment, please outline them here. (Optional, maximum 300 words)
If you are aware of any potential unintended consequences as a result of the proposed policy that have not been identified in the impact assessment, please outline them here. (Optional, maximum 300 words)
Please provide any other comments you have to inform the assumptions or analysis in the impact assessment. (Optional, maximum 300 words)
References
Action on Smoking and Health, 2025. ASH Ready Reckoner January 2025: costs of smoking to society.
Banks and others. Tobacco smoking and all-cause mortality in a large Australian cohort study: findings from a mature epidemic with current low smoking prevalence. BMC Medicine 2015: volume 13, article number 38.
Colyer-Patel and others. Age-dependent effects of tobacco smoke and nicotine on cognition and the brain: A systematic review of the human and animal literature comparing adolescents and adults. Neuroscience and Biobehavioral Reviews 2023: volume 146, article number 105038.
Committee on Toxicity, 2017. ‘Statement on heat not burn tobacco products’, available at COT statements and position papers.
Frazer and others. Legislative smoking bans for reducing harms from secondhand smoke exposure, smoking prevalence and tobacco consumption. Cochrane Database of Systematic Reviews 2016: issue 2, article number CD005992.
He and others. The association between secondhand smoke and childhood asthma: A systematic review and meta-analysis. Pediatric Pulmonology 2020: volume 55, article number 10 (registration and subscription required for full article).
Hwang and Lee. Determination of outdoor tobacco smoke exposure by distance from a smoking source. Nicotine and Tobacco Research 2014: volume 16, issue 4.
Kim and Lee. Concentrations of outdoor tobacco smoke at different distances from the smoking source: is there an optimal distance for a designated smoking area?. Nicotine and Tobacco Research 2024: volume 26, issue 6 (registration and subscription required for full article).
Lindson and others. Electronic cigarettes for smoking cessation. Cochrane Database of Systematic Reviews 2025: issue 1, article CD010216.
Livingston and others. Dementia prevention, intervention, and care: 2020 report of the Lancet Commission. The Lancet Commission 2020: volume 396, issue number 10248.
Lv and others. Risk of all-cause mortality and cardiovascular disease associated with secondhand smoke exposure: a systematic review and meta-analysis. International Journal of Cardiology 2015: volume 199, pages 106 to 155 (registration and subscription required for full article).
Marufu and others. Maternal smoking and the risk of still birth: systematic review and meta-analysis. BMC Public Health 2015: volume 15, article number 239.
Nayak and others. Regretting ever starting to smoke: results from a 2014 national survey. International Journal of Environmental Research and Public Health 2017: volume 14, issue 4, article 390.
NHS England, 2023. Part 2: smoking-related mortality, part of ‘Statistics on public health, England 2021’.
NHS England, 2024.Smoking, drinking and drug use among young people in England, 2023.
Office for Health Improvement and Disparities, 2022. Nicotine vaping in England: 2022 evidence update.
Possenti and others. Association between second-hand smoke exposure and lung cancer risk in never-smokers: a systematic review and meta-analysis. European Respiratory Review 2024: volume 33, issue 174.
Reed H. Estimates of poverty in the UK adjusted for expenditure on tobacco - 2021 update (PDF, 355KB). Landman Economics, 2021.
Royal College of Physicians, 2018. Hiding in plain sight: treating tobacco dependency in the NHS.
TackSHS Project Investigators and others. Secondhand smoke presence in outdoor areas in 12 European countries. Environmental Research 2021: volume 195, article number 110806.
World Health Organization, 2025. WHO report on the global tobacco epidemic, 2025: warning about the dangers of tobacco.
Privacy notice
Data controller
DHSC is the data controller.
What personal data we collect
When you respond to the consultation online, we will collect information on:
- whether you are responding as an individual member of the public or on behalf of an organisation
- what sector you work in
- what the main focus of your work is
- the nature of your organisation (if you are responding on behalf of an organisation)
- where your organisation operates (if you are responding on behalf of an organisation)
- the size of your organisation (if you are responding on behalf of an organisation)
- whether you have any direct or indirect links to, or receive funding from, the tobacco industry
- your IP address
We also ask for some personal information, which we will collect if you choose to respond. This includes:
- the name of your organisation, if applicable
- your age within an age band
- where you live
- your sex
- your ethnicity
- your pregnancy status
- your health status
Please do not include any other personal information in your responses to free text questions in this survey.
How we use your data
We collect your information as part of the consultation process:
- to inform policy decisions
- for statistical purposes, for example to understand how representative the results are and whether views and experiences vary across organisations and demographics
- to reduce the likelihood inauthentic accounts or networks will respond to the consultation
Legal basis for processing personal data
We are processing personal data under article 6(1)(e) of the UK General Data Protection Regulation (GDPR) - the processing is necessary to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
In this case, we are asking the public for their views to answer a range of questions about tobacco, vaping and nicotine products to support government objectives.
We are processing special category data under article 9(2)(g) of the UK GDPR - the processing is necessary for reasons of substantial public interest, specifically for statutory and government purposes.
Data processors and other recipients of personal data
This consultation is hosted via an online platform owned by SocialOptic, who are a contracted supplier of DHSC. SocialOptic will delete any personal data in line with the retention and disposal periods outlined in this privacy notice, or earlier if instructed to do so by DHSC.
Any personal data collected may also be shared with future suppliers (who will be under contract) engaged on this project.
International data transfers and storage locations
Storage of data by SocialOptic is provided via secure servers located in the UK.
Storage of data by DHSC is provided by secure computing infrastructure on servers located in the European Economic Area. DHSC platforms are subject to extensive security protections and encryption measures.
We may also share anonymised data with other government departments.
Retention and disposal policy
We will hold your information for up to one year after the consultation closes.
Anonymised information may be kept longer.
We will ask SocialOptic to securely delete the information held on their system one year after the consultation closes.
How we keep your data secure
DHSC uses a range of technical, organisational and administrative security measures to protect any information we hold in our record from:
- loss
- misuse
- unauthorised access
- disclosure
- alteration
- destruction
We have written procedures and policies that are regularly audited and reviewed at a senior level.
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By law, data subjects have a number of rights, and this processing does not take away or reduce these rights under the EU GDPR (2016/679), and the UK Data Protection Act 2018 applies.
You have a right to:
- get copies of any information about you that is used
- get information corrected - you have the right to ask for any information held about you that you think is inaccurate to be corrected
- limit how the information is used - you have the right to ask for any of the information held about you to be restricted, for example if you think inaccurate information is being used
- object to the information being used - you can ask for any information held about you to not be used, however this is not an absolute right and continued use of the information may be necessary - you will be advised if this is the case
- get information deleted - this is not an absolute right, and continued use of the information may be necessary - you will be advised if this is the case
Comments or complaints
If you are unhappy or want to complain about how your personal data is used, you should contact data_protection@dhsc.gov.uk in the first instance or write to:
Data Protection Officer
1st Floor North
39 Victoria Street
London
SW1H 0EU
If you have contacted the DHSC Data Protection Officer and are not satisfied with your response you can further raise this with the Information Commissioner’s Office.
Their postal address is:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Automated decision making or profiling
No decision will be made about you solely based on automated decision making (where a decision is taken about a person using an electronic system without human involvement) which has a significant impact on them.