Smokefree - frequently asked questions

It covers all tobacco or any other substance which is burned and inhaled. 

This includes hand rolled cigarettes, manufactured cigarettes, smoking pipes, herbal cigarettes, shisha and water pipes.


E-cigarettes and personal vaporisers are not included within the smoke free laws.

For the smoke free legislation to apply a substance needs to be burnt. E-cigarettes and personal vapours are battery operated so a vapour is produced rather than smoke.

It would be down to the individual premises or workplace to decide whether e-cigarettes and personal vaporisers should be allowed. This would need to be included in the business smoke free policy.

Further information on using e-cigarettes in public places and workplaces can be found from Public Health England or ACAS.


If a smoking shelter is provided it must not be enclosed or substantially enclosed.

It must be less than 50% enclosed.


Any temporary structure including marquees, gazebos, tents will be included within the law regardless of how long the structure will be in place.


If the area is enclosed or substantially enclosed it must be smoke free.

Residential premises do not need to be smokefree.

If a part of the home is used solely for business and is a place of work for someone who does not live there, or members of the public visit, then it would need to be smokefree.


If a vehicle is used for work purposes, from occasional use to regular use, they must remain smoke free at all times.


The vehicle must remain smokefree at all times.

If you don’t have any employees and members of the public do not access the premises then you do not need to be smoke free.

If members of the public access the premises or other employees access the premises at different times then the premises must be smoke free at all times.


01332 640779


Signing service


Derby City Council
Council House
Corporation Street