Government launches consultation on new smoke‑free, heated‑tobacco‑free and vape‑free rules for England

The government has 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:

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:

• Public children’s playgrounds
• Outdoor areas of health and social care settings
• 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:

• Pubs, bars and hospitality venues
• Enclosed or semi‑enclosed smoking shelters
• Public transport
• 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:

• Public children’s playgrounds
• 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.

Implications for licensing and regulated premises

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.

This means:

• Smoking shelters that meet the “enclosed” or “substantially enclosed” test could become smoke‑free, heated‑tobacco‑free and vape‑free.
• Licensing authorities may need to update guidance and conditions to reflect the expanded definitions.
• Operators may need to redesign or reconfigure outdoor areas to remain compliant.

Taxis, private hire vehicles and other licensed vehicles

The consultation proposes that all vehicles used for work — already smoke‑free — would also become:

• Heated‑tobacco‑free
• Vape‑free

This would apply to:

• Taxis
• Private hire vehicles
• Chauffeur vehicles
• Work vans and fleet vehicles

For taxi and private hire licensing, this could require:

• Updated signage requirements
• Revised enforcement powers
• Clear guidance for drivers and operators on compliance and penalties

Enclosed and semi‑enclosed workplaces

The consultation reaffirms that the existing legal test for “enclosed” and “substantially enclosed” spaces will continue to apply. This test is central to licensing decisions for:

• Outdoor smoking areas
• Temporary structures
• Beer gardens with shelters
• Event spaces

The expansion of restrictions to heated tobacco and vaping means licensing bodies may need to reassess whether certain structures remain permissible for smoking or vaping at all.