ALL THINGS LICENSING


However, whilst not every local authority has taken this approach regarding vaping, if government plans come to fruition, it may well be that vaping is considered in the same way as smoking and be prohibited by legislation, with potential sanction available to those who do not abide by the rules.


This means:


l Smoking shelters that meet the “enclosed” or “substantially enclosed” test could become smoke-free, heated-tobacco-free and vape-free.


l Licensing authorities may need to update guidance and conditions to reflect the expanded definitions.


l Operators may need to redesign or reconfigure outdoor areas to remain compliant


Taxis, PHVs and other licensed vehicles


Significantly, the consultation proposes that all vehicles used for work which are already smoke-free would also become:


l Heated tobacco free l Vape free


This would apply to: l Taxis l PHVs


l Chauffeur vehicles lWork vans and fleet vehicles


For taxi and private hire licensing, this could require: l Updated signage requirements indicating that neither smoking or vaping is permitted


l Revised enforcement powers, including additional FPN powers


l Clear guidance for drivers and operators on compliance and penalties


The Health Act 2006 has been in effect for nearly 20 years, however it continues to surprise me how many licensed drivers still believe they can, or try and get away with, smoking a cigarette in their licensed vehicle.


Whilst vaping is a more recent and believed to be better alternative to smoking, its long-term health effects are still not known. A number of licensing authorities have already imposed policy require- ments and conditions on licence holders not to vape in their vehicle. This is for a number of reasons; so that there is no confusion for drivers about requirements, to ensure that odours from vaping do not impact the service to customers and to portray a more professional image for the licensed trade.


PHTM MARCH 2026


The second part of this month’s article relates to smoking of a different sort and came to my attention due to questions from a couple of colleagues about licence holders who had been prescribed medicinal cannabis, and whether on the basis of their prescription they remained medically fit to drive a licensed vehicle:


Medicinal cannabis, taxi drivers, and the DVLA Group 2 Medical Standards: navigating a complex and emerging licensing issue


The number of UK patients prescribed cannabis- based products for medicinal use (CBPMs) continues to rise, and therefore it seems inevitable that licensing authorities will encounter taxi and private hire drivers or applicants who legally use cannabis under prescription.


This development raises challenging questions: Can a taxi driver taking medicinal cannabis still meet DVLA Group 2 medical standards? And, crucially, how do we protect the travelling public while respecting legitimate medical treatment?


This article explores the evidence, the regulatory landscape, and the significant public safety and public confidence issues now facing licensing authorities.


Medicinal cannabis and the law: Driving is legal. Impairment is not


Patients legally prescribed medical cannabis may drive if they are not impaired, according to UK driving law. The drug driving law (2015) treats cannabis as a controlled drug regardless of whether use is illicit or prescribed, but a statutory defence exists if a driver can show that:


l They have a valid prescription, l They took the medication as directed, and l They are not impaired at the time of driving


A prescription must be issued via a Home Office approved clinician only. However, even prescribed users can be prosecuted under Section 4 Road Traffic Act 1988 if officers deem them impaired.


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