Smoke-free Law: Guidance on the Changes from March 2021

(Wales)


On 1 March 2021, the law around smoking in certain settings in Wales changed. This guidance has been updated to reflect changes from 1 March 2022.


What is changing on 1 March 2022?

The legislation introduced on 1 March 2021 continued to allow for smoking to take place in self-contained holiday and temporary accommodation if the owner allows for a limited time (until 1 March 2022). Examples of these types of accommodation are cottages, caravans, chalets and Airbnb’s.


Also, for a limited time period (until 1 March 2022), smoking bedrooms can be provided in hotels, guesthouses, inns, hostels or members’ clubs. In these bedrooms, guests are able to smoke, if the owner allows. If the manager of the hotel etc wants to provide a designated smoking bedroom, the designation has two new conditions:


Condition 1 is that the person in charge of the hotel designates the bedroom for smoking and keeps a record of all the rooms that have been designated. The designation can be withdrawn at any time.

Condition 2 relates to the room and sets out its requirements. The room:

  1. Has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid floor to ceiling walls.

  2. Does not have a ventilation system that ventilates into a smoke-free part of the premises.

  3. Does not have doors which do not mechanically close immediately after use if they open into smoke-free areas.

  4. Is clearly marked as a room in which smoking is permitted.

On 1 March 2022, all types of self-contained accommodation and all hotels, guest houses and inns etc will be required to be smoke-free at all times. It will be an offence to smoke in these smoke-free areas. Smoking can take place in the outside areas of these premises if the owner allows. We provided 12 months (from 1 March 2021-1 March 2022) to enable businesses to phase out their smoking accommodation and convert it to become smoke-free.


Signs

Until 1 March 2022, designated smoking bedrooms must be clearly marked as a room in which smoking is permitted. The legislation does not specify how the designated smoking bedroom is clearly marked so this can be at the discretion of the person in charge of the premises.


‘No Smoking’ signs continue to be required in a hotel, guest houses etc. We have made it easier to comply with the signage requirements – more details are provided under the 'Signage' section of this guidance.


There are no requirements for signs to be displayed in self-contained holiday or temporary accommodation as it is can be the case that they are only sometimes used for holiday accommodation. At other times, they are used as a dwelling. Signs can be displayed however if the owner wishes.


The full guidance is available here.

Welsh Government February 2022



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