How Keir Starmer’s pub garden smoking ban would work

Everything you need to know as Labour refuses to rule out major new smoking laws

Sir Keir Starmer has said the Government will ‘take decisions’ on a potential outdoor smoking ban (Andrew Milligan/PA) (PA Archive)

A ban on smoking in pub gardens and other outdoor spaces is being considered by Labour, Keir Starmer has confirmed, as he says the “burden” smoking places on the NHS is too high.

The ban would extend to small parks, as well as areas outside of nightclubs, hospitals and sports venues. While health bodies have responded well to the move, many in the hospitality industry has said it will negatively impact their businesses.

It is likely the propsals could be included in the government’s Tobacco and Vapes Bill, first introduced by Rishi Sunak’s Conservative government.

Sir Keir address the proposed ban during a visit to Paris (EPA)

This is the piece of legislation that will gradually phase out cigarettes by banning them for future generations. It will make it so that, if the rules were implemented by 2027, anyone aged 14 and under now will never be able to buy a cigarette.

Speaking to reporters about the proposed smoking ban, the prime minister said: “My starting point on this is to remind everybody that over 80,000 people lose their lives every year because of smoking.”

“That is a preventable death, it’s a huge burden on the NHS, and, of course, it is a burden on the taxpayer.”

Here is everything you need to know as ministers consider the major change:

How would the outdoor smoking ban work?

If implemented, the outdoor smoking ban would make it an offence for people to smoke in certain spaces such as pub gardens or outside sports venues.

Should it be enforced in the same way as the 2007 indoor smoking ban, smoking in certain outdoor spaces would carry a Fixed Penalty Notice of up to £150. If you refuse to pay this, you are liable to be prosecuted.

Nigel Farage has come out against the ban (Stefan Rousseau/PA Wire)

According to Action on Smoking Health (ASH), the 2007 ban led to a 2.4 percent reduction in hospital admissions for heart attacks, and a 12.3 percent reduction in admissions for childhood asthma.

Courts can also impose fines of up to £2500 on businesses who don’t take reasonable steps to prevent smoking in the workplace, such as adequate signs. If smoking is banned outdoors, they may also need to ensure that the new law is followed.

Will the ban apply to vapes?

While the Tobacco and Vapes Bill does make changes to laws around vaping in the UK, it is unlikely they would be included in the proposed outdoor smoking ban.

It is currently not illegal to vape in enclosed spaces in the UK in the same way that it is for cigarettes. However, many venues will ask you not to.

The government is introducing new laws around vaping which limits their appeal to children. This includes reducing the amount of flavours on offer, and changing packaging and advertising to be less appealing to young people.

However, it is possible that the government may use the Tobacco and Vapes legislation to bring vape regulation more in line with cigarettes. This could mean banning their use indoors, or even possibly applying the outdoor ban to vapes as well.