With 5.4m vapers or e-cigarette users in the UK, according to a survey carried out by the Office for National Statistics in 2024, and no clear legislation, vaping has existed in a legal grey area until now.
Speaking to The MA, Poppleston Allen legal executive Nick Landells explained unlike smoking cigarettes, which has been prohibited since 2007, there is no blanket ban preventing vaping inside pubs.
However, the newly approved legislation could pave the way for tighter restrictions in future.
“It is not clear when the provisions of the act will come into force or when further guidance about what may change will be published”, Landells told The MA.
House rules
“However, it does give the Secretary of State the power to ban vaping in any place where smoking is also banned. It does not take a great stretch of the imagination to therefore foresee a vaping ban inside pubs in the future.
“At the moment though there does not seem to be any political will to ban smoking of cigarettes or the use of vapes in beer gardens.”
The legal executive added while there are currently no legal consequences for operators allowing customers to vape inside their premises, many independent pubs have already introduced their own in-house restrictions.
He continued: “It is long understood smoking cigarettes in a pub can lead to a fine and by-and-large there has been widespread compliance with the smoking ban.
Current UK Law on Vaping:
- There is currently no nationwide legal ban on vaping inside pubs or hospitality venues in England, Wales or Scotland.
- Unlike cigarette smoking, vaping is not covered by the indoor smoking ban introduced under smokefree legislation in 2007.
- Pubs are able to set their own house policies on whether customers can vape inside their premises.
- Operators can choose to:
- Allow vaping throughout the venue
- Restrict vaping to designated areas
- Ban vaping indoors entirely - Staff are entitled to ask customers not to vape if it breaches venue policy.
- There are currently no specific legal penalties for pubs that permit vaping indoors, unless venue policies or licensing conditions are breached.
“With vaping however pub operators may implement and enforce their own policy in keeping with their style of operation and customer profile.
“Often non-smoking customers are put off or annoyed by vape clouds and fumes and may move away from the vaper or cut short their stay in the pub.
“Vaping may also not be conducive to a welcoming, family-friendly environment or general customer comfort.”
Clear messaging
Some pubcos have also disallowed vaping in their sites, including Greene King and JD Wetherspoon (JDW). Fuller’s has also banned vaping at its managed houses.
A spokesperson for Fuller’s told The MA: “We have had a ban in our managed pubs on e-cigarettes since they were introduced and that does include vapes.
“On the odd occasion someone vapes in the pub, we just let them know we don’t allow it and customers are normally happy to go outside – especially if it’s into a beautiful beer garden.”
To help staff enforce policies and avoid confusion among customers, Landells advised operators to ensure signage and messaging around vaping rules are clearly communicated throughout the venue.
“Clear messaging to all customers regarding vaping in the pub will help staff and customers alike”, he said.
“Is vaping permitted and if so, is it permitted throughout the pub or maybe allowed in the bar but not in the dining area? This will enable all customers to make informed choices about where they want to sit and what kind of environment they want to sit it.
“It will also help staff who may have to go and tap a customer on the shoulder to ask them not to vape.”
