The UK Government will today (Friday) launch a 12-week public consultation on proposals to extend smoke-free legislation in England, as part of its 10 Year Health Plan.
The consultation will run from 13 February to 8 May and will help shape regulations under the Tobacco and Vapes Bill, currently before Parliament.
The consultation relates specifically to England, where smoke-free place regulations fall under UK Government powers. The Tobacco and Vapes Bill itself provides powers that could be used across the UK, including by devolved administrations.
Ministers describe the measures as targeted steps to protect children and medically vulnerable people from second-hand smoke and emissions from heated tobacco and vaping products.
What is being proposed
The consultation seeks views on making children’s playgrounds and the outdoor areas of education settings smoke-free, heated tobacco-free and vape-free.
Outdoor areas of health and care settings would be made smoke-free and heated tobacco-free. Notably, under the proposals set out for consultation, outdoor hospital grounds would not be vape-free.
The Government is also consulting on extending existing indoor smoke-free laws to cover heated tobacco and vaping. This would apply to workplaces, public transport and private vehicles carrying under 18s.
Outdoor hospitality venues, including pub gardens, are explicitly excluded from the proposals. Wider open spaces such as beaches, as well as private homes and private outdoor spaces, are not in scope.
Exemptions are proposed for certain residential settings, including care homes, hospices, mental health facilities and residential schools.
Rationale and evidence
The Government states that there is no safe level of exposure to second-hand smoke and that children, pregnant women and people with underlying health conditions are particularly vulnerable.
Ministers also point to a sharp rise in youth vaping in recent years and say evidence is emerging on emissions from heated tobacco products and second-hand vapour.
Smoking remains the leading cause of preventable illness and death in England, according to the Government, with an estimated annual cost of £21.3 billion. This includes around £3 billion to the NHS and social care.
The consultation document cites strong public support for smoke-free measures in playgrounds, schools and hospital grounds.
Harm reduction
The Government’s factfile accompanying the consultation acknowledges that vaping products are less harmful than smoking and are an effective quit aid for adult smokers.
Evidence on second-hand exposure indicates substantially lower nicotine exposure compared with smoking. A 2024 study by University College London (UCL), published in JAMA Network Open, found that children exposed to indoor vaping absorbed 84 per cent less nicotine than those exposed to indoor smoking.
Researchers said nicotine absorption from second-hand vapour was “much lower” than from cigarette smoke, and that exposure to other toxic substances is likely to be lower still, though not zero.
The decision not to propose vape-free rules for outdoor hospital grounds is presented as a balance between protecting vulnerable people from exposure and supporting adult smokers who are trying to quit.
Responses to the consultation will inform final regulations under the Tobacco and Vapes Bill, with the stated aim of reducing exposure to second-hand smoke while maintaining access to lower-risk alternatives for adults who smoke.
