Smoke free places

Nearly all public places and vehicles, and work places and vehicles, in England, must be smoke free. The smokefree law was introduced to protect employees and the public from the harmful effects of second hand smoke.

Offences include:

  • Failure to display a 'no smoking' sign
  • Smoking in a smoke free premises, place or vehicle
  • Failure to prevent smoking in a smoke free premises/area
  • Obstruction of an authorised officer.

Electronic cigarettes in the workplace

The use of electronic cigarettes in the workplace is up to the individual employer. The smoke free regulations do not currently cover the act of ‘Vaping’.


The law classes shisha smoking the same as cigarette smoking. It's illegal to smoke shisha in an enclosed public space or a space that's mostly enclosed. 

Planning an outdoor area/shelter

Some workplace employers and businesses e.g. pubs, clubs, cafes etc. have opted to provide smoking shelters and outdoor areas where staff and customers can smoke.

If you are intending to create an outdoor area or erect a smoking shelter on your premises, you must ensure that the shelter complies with smokefree legislation and any other relevant permissions that may be needed, including:

We will shortly be providing some guidance to assist with planning your smoke free shelter / area.

Who to contact

You can use the online forms below if you have any queries:

We also provide a business regulatory advice service.



© Wigan Council