Terri Adams
13/09/2024 • 5 min read
As vaping puffs its way into the mainstream, the question of where it’s legally acceptable to vape is coming up more frequently—especially in public spaces like pubs. Smoking cigarettes in UK pubs is prohibited by law, but what about vaping? Is it legal to vape in pubs? What does the law on e-cigarettes say in general? It can be tricky to know where you stand, so let’s clear up any confusion.
Vaping, or the use of e-cigarettes, is not regulated in the same way as smoking cigarettes. The smoking ban, introduced in 2007, applies specifically to tobacco products and is designed to protect people from the harmful effects of second-hand smoke. Vaping, on the other hand, is not covered by this law because it doesn’t involve burning tobacco. However, this doesn’t mean that you can automatically vape in pubs. The critical factor is the establishment's policy in each venue. Some pubs may choose to allow vaping, while others might restrict it to certain areas or ban it altogether. It’s always a good idea to check the rules of the venue you’re visiting.
You might think we haven’t answered your question – is vaping legally allowed in pubs? The truth is, there isn’t a straightforward answer. UK pubs have the right to set their own rules regarding vaping, much like how they regulate other activities on their premises. And there’s nothing unusual about that. In public places, it’s often more a matter of mutual consideration between guests and visitors than strict legal regulations. Many pubs choose to prohibit vaping indoors to maintain a comfortable environment for all customers. However, some establishments may be more lenient, allowing vaping in designated areas or outdoors where it is less likely to disturb others.
What, besides vaping, can pubs regulate according to their own rules?
And more
So, the possibility of vaping inside depends on the establishment and its rules. But let’s turn the question around: is it illegal to vape in pubs? Maybe you don't have anyone to ask, and you can't see any clear rules about vaping on the walls or tables, etc. The simple answer is no, it's not illegal. No nationwide law in the UK explicitly bans vaping in pubs. However, as we mentioned, pub owners may have a different opinion on this. This means it's better to first check the local rules regarding vaping in each pub to avoid potential issues. Indeed, you can resist the urge to vape until you find out. Or step outside for a moment to be sure. It should always be the case that your vaping doesn't bother anyone, regardless of what the law says.
The current trend regarding vaping in UK pubs differs from what the law might suggest. Many pubs treat vaping much the same way as smoking, often prohibiting it indoors to maintain a comfortable environment for all patrons. The trend towards outdoor-only vaping areas is standard, as this allows pubs to accommodate vapers without disrupting non-vaping customers. This is especially true for pubs with outdoor spaces, such as beer gardens, where moving vaping outside is very simple. So when we talk about the current trends regarding vaping in UK pubs, there's again no single answer – but if a pub has an outdoor area, you can be almost sure that vaping will only be allowed there.
We’ve repeatedly mentioned that the law doesn’t specifically address vaping in UK pubs. This certainly doesn’t mean that this healthier alternative to smoking is free from regulation. E-cigarettes are subject to strict rules under the UK's Tobacco and Related Products Regulations 2016. Some of the regulations include:
Regulations primarily focus on product safety, marketing, and labelling rather than using e-cigarettes in public spaces. Unlike the smoking ban, which prohibits smoking in all enclosed public spaces, there is no law banning e-cigarettes in such areas.
The UK smoking ban, implemented in July 2007, prohibits smoking in all enclosed public spaces and workplaces, including pubs, restaurants, and public transport. The law aims to protect people from second-hand smoke, with fines for non-compliance. The ban explicitly targets tobacco smoking, excluding vaping and e-cigarettes, because they do not involve burning tobacco, which is the primary health risk the law addresses. However, many UK pubs apply similar rules to vaping, as the vapour or scented emissions can bother non-smokers. So again, vaping rules can vary from pub to pub, even though no nationwide law governs it in the UK.
To summarise: Legally, the answer to "Can you vape inside?" is yes. However, considering possible local restrictions and the usual trend in UK pubs, the more accurate answer would be – probably not. As mentioned in the trends section, most pubs prefer to limit vaping to outdoor spaces to respect the preferences of non-vaping patrons. Allowing indoor vaping is up to each venue, so it’s best to check their rules first. Being considerate, even where vaping is allowed, is vital to a positive experience.
