Are there any exemptions from the smoke-free legislation?
There are some very limited exemptions from the smoke-free legislation. However, where premises are classified as exempt, this does not mean that the employer can allow smoking throughout.
Private residences are exempt under the smoke-free legislation, although if they are situated in, for example, an apartment block, communal areas such as the staircase, lifts and halls may have to be smoke free if they are open to the public or are a workplace for a cleaner or a porter. Residential homes and care homes can designate bedrooms or separate rooms as smoking rooms. A written record of these designated rooms must be kept and made available for inspection. A designated room must not vent into a smoke-free area and must have self-closing mechanisms on the doors. There are also exemptions for adult prisons and adult residential mental-health establishments. Further exemptions are made for performers on stage, specialist tobacconists, research and testing facilities and offshore platforms.