Borough Council of Wellingborough

Smokefree England

Are there any exemptions?

Certain establishments where people live and which are also workplaces e.g. prison cells, hospices and long-stay residential homes are exempt. However this does not mean that smoking will be allowed throughout the premises. Instead, employers have to identify 'designated smoking rooms' which meet the following specifications:

  • Are completely enclosed, except for windows or doors, on all sides by solid floor to ceiling walls.
  • Does not have a ventilation system that ventilates into any other smokefree part of the premises.
  • If a door opens onto smokefree premises it needs to be closed by mechanical means.
  • Designation of smoking rooms that are not smokefree must be given in writing by the person in charge of the premises. Proprietors are advised to retain the written designation so that it available for inspection by enforcement officers at any time.
  • Display appropriate signs.
  • Designated communal smoking rooms must be used solely for smoking and must not serve any other purpose i.e. used as a recreational or television room.

It is up to the management of individual buildings to decide if visitors will be allowed to access smoking rooms. The exemption exists for residents only and therefore should not be used by employees. There is no obligation for proprietors of premises that can access exemptions to have 'smoking rooms' if they do not wish to do so.