The Welsh Government are removing the exemption which allows smoking in holiday and temporary accommodation, along with the exemption that allows hotels, guest houses, inns etc to have designated smoking bedrooms. From 1 March 2022 all these settings will be required to be smoke-free.
On 2 April 2007 the Smoke-free Premises etc. (Wales) Regulations 2007 (“the 2007 Regulations”) came into effect. The Regulations were made using the powers in Chapter 1 of Part 1 of the Health Act 2006.
The legislation means that smoking is not allowed in ‘enclosed’ or ‘substantially enclosed’ public places, including workplaces. ‘No Smoking’ signs are required to be displayed in smoke-free premises and vehicles, and the law is enforced by Local Authorities. Failure to comply with the law is an offence.
Chapter 1 of Part 3 of the Public Health (Wales) Act 2017 (“the 2017 Act”) and the Smoke-free Premises and Vehicles (Wales) Regulations 2020 (“the 2020 Regulations”) came into force on 1 March 2021. Many of the requirements established in 2007 stayed the same, but via the 2017 Act and the 2020 Regulations, changes were made to extend the smoke-free requirements to more places and settings in Wales.
In addition to the changes introduced in 2007 which mean that smoking is not allowed in ‘enclosed’ or ‘substantially enclosed’ public places and workplaces, the legislation introduced on 1 March 2021 means that hospital grounds, schools grounds and public playgrounds, as well as outdoor day care and child-minding settings are also required to be smoke-free.
Further changes were also made to the settings that the previous legislation did not require to be smoke-free. From 1 March 2022, smoking bedrooms in hotels, guest houses etc. is no longer permitted and all self-contained holiday accommodation (cottages, caravans etc.) are required to be smoke-free. In addition, smoking rooms in Mental Health Units will be phased out by 1 September 2022, and amendments have been made to who can use designated smoking rooms in adult care homes and adult hospices. In certain circumstances, those working in others’ homes are also able to work in a smoke-free environment as well for those that are receiving goods or services from a dwelling.