ALL THINGS LICENSING
Article by Mike Smith, Senior Specialist for Licensing and Community Safety at Guildford Borough Council and Vice-Chair of the Institute of Licensing South East Region.
Please note that this article represents my own views which are not presented as the views of the Institute of Licensing or Guildford BC.
In this months’ article I focus on two elements involving smoking; firstly around yet another Government consultation which is relevant to the licensed trade around vaping in licensed vehicles and secondly an interesting question on the use of medicinal cannabis and the DVLA Group 2 standards which came up at a recent licensing forum. Perhaps as a further addition to the above disclaimer I would add that the views on medical cannabis are my own and do not constitute an authoritative position.
Government launches consultation on new smoke-free, heated-tobacco-free and vape- free rules for England
We all know, or at least should know, that under the Health Act 2006, a licensed vehicle is considered a ‘workplace’ and an ‘enclosed public place’ for the purpose of the law and must be smoke-free at all times: i.e. smoking isn’t allowed at any time, whether a passenger is aboard or not.
The government has now opened a major consultation on plans to
expand smoke-free
legislation and introduce new restrictions on heated tobacco and vaping in England; proposals that could have
far-reaching consequences for licensed
premises, taxi operators and other businesses whose activities fall within “enclosed and semi enclosed” workplaces and public places.
Published on 13 February 2026, the consultation forms part of the wider Tobacco and Vapes Bill and the government’s ambition to create a ‘smoke free generation’. The proposals would significantly extend existing rules under the Health Act 2006, which already bans smoking in enclosed and semi- enclosed workplaces, public places and vehicles used for work.
What the government is proposing
The consultation sets out three major strands of regulation:
62 1. Smoke-free outdoor places
The government proposes making smoking illegal in a range of outdoor settings where children or medically vulnerable people are likely to be present. These include:
l Public children’s playgrounds l Outdoor areas of health and social care settings l Outdoor areas of education settings
Residential care settings (such as care homes and hospices) could be permitted to designate a specific outdoor smoking area.
2. Heated tobacco-free places
All indoor smoke-free areas including enclosed and semi-enclosed workplaces and public places would also become heated tobacco free.
This would apply to:
l Pubs, bars and hospitality venues l Enclosed or semi enclosed smoking shelters l Public transport l Vehicles used for work
Outdoor areas proposed to be smoke free would also become heated tobacco free.
3. Vape-free places
The government proposes banning vaping in all indoor smoke-free places, meaning the same enclosed and semi-enclosed workplaces and public places would become vape free.
Outdoor vape-free rules would apply to:
l Public children’s playgrounds l Outdoor areas of education settings
Health and care outdoor settings would not be vape free, to preserve vaping as a smoking cessation tool for adults.
The consultation has significant implications for licensing authorities and operators across hospitality, transport and other regulated sectors.
Pubs, bars and smoking areas
The proposals would extend restrictions beyond indoor spaces to certain outdoor areas. While the government is not proposing a blanket ban on smoking in outdoor hospitality settings, the new rules on heated tobacco and vaping would apply to all enclosed and semi-enclosed areas, including many existing pub smoking shelters.
MARCH 2026 PHTM
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