Pub gardens escape Labour’s outside smoking ban: Full checklist of the place you can’t mild up outdoors revealed

Smokers are rejoicing today after it was revealed pub gardens have escaped Labour’s outdoor smoking ban after a backlash from the hospitality industry.

The Government dropped plans to ban smoking in outdoor areas such as beer gardens and outside stadiums as part of an extended smoking ban, Wes Streeting confirmed.

He said the Government had a ‘discussion’ with the hospitality sector and decided to ditch the plans because of the risks to the industry.

Lighting up with still be banned outside of schools, hospitals and playgrounds and the Health Secretary will announce new powers on the smoking ban today.

The policy could also ban vaping in these areas and restrict the flavours of e-cigarettes sold, along with a ban on advertising the devices.

The Health Secretary said ‘bold action’ is needed to tackle illness in the UK and help ease the burden on the NHS.

The Tobacco and Vapes Bill, which will phase out the sale of tobacco products to anyone aged 15 or over, will be introduced today. 

It was first proposed by the Tory Government but Labour said they would go further and focus on shielding the young and the vulnerable.

A consultation will examine how far to limit flavours in order to stop children from being lured in to vaping by the sweet and colourful tastes, with data showing one quarter children aged 11 to 15 have tried vaping.

The flavours may be strictly limited to tobacco, mint, menthol and fruit.

The Tobacco and Vapes Bill still aims to stop smoking and vaping outside schools and children’s playgrounds, he said.

Mr Streeting said ‘prevention is better than cure’ and Labour wants to create the ‘first smoke-free generation’.

He hopes the legislation will stop children from getting ‘hooked’ and also limit the effects of second-hand smoking.

He added that the Government believes the move will help build a ‘heatlhy economy’ where less people are signed off work from illness.

Mr Streeting said: ‘Unless we act to help people stay healthy, the rising tide of ill-health in our society threatens to overwhelm and bankrupt our NHS.

‘This government is taking bold action to create the first smoke free generation, clamp down on kids getting hooked on nicotine through vapes, and protect children and vulnerable people from the harms of secondhand smoke.

‘This historic legislation will save thousands of lives and protect the NHS.

‘By building a healthy society, we will also help to build a healthy economy, with fewer people off work sick.’

Speaking to BBC Radio 4, he said: ‘On hospitality, we weighed up the upside to taking such action in terms of deterring smoking and the downside risks.

‘In recent weeks we’ve been able to have a discussion with the hospitality sector about the challenges today and therefore take a decision.’

When pressed and asked whether those in the industry did ‘prevail on you in the end’, he only replied: ‘Everything the Prime Minister said in the summer was absolutely right.’

He admitted that ‘sometimes children are in pub gardens’ but went on to say ‘people will agree, people will disagree.’

The Health Secretary said the UK hospitality sector has taken a ‘battering’ and it is ‘not the right time’ to introduce a smoking ban in pub beer gardens.

He told Times Radio the suggestion there would be a smoking ban outside pubs came from a ‘leak’.

‘And I think it is no secret that UK hospitality has had a battering in recent years with the pandemic, and also the challenges in the economy and in people’s pockets means that there’s an ongoing challenge.’

Mr Streeting said the Government is ‘actively’ looking at whether the NHS is ‘in the right place’ with screening for cancer and praised Chris Hoy for speaking about his history with the disease as ‘impactful’.

He told GB News: ‘We’ve got to balance the upside benefits on public health with any potential negative… either on people’s liberties or on people’s livelihoods.

‘And it’s no secret that the hospitality sector has been… been through the mill in recent years. The impact of the pandemic, the challenges in the wider economy, the amount of money we’ve got spare in our pockets.

‘And there aren’t many advantages to leaks of Government discussions, but one of the advantages of this leak was that it’s meant we’ve been able to have a discussion with the hospitality sector.

‘And based on the evidence on the upside risks and the arguments on the downside risks, we’ve chosen not to proceed with the outdoor hospitality proposal at this time.’

The major U-turn follows fierce opposition from the hospitality trade over the plans, and the trade body UKHospitality warned at the time that the ban could result in ‘serious economic harm to hospitality venues’.

The British Beer and Pub Association had said the policy was ‘deeply concerning and difficult to understand’ and ‘yet another blow to the viability of our nation’s vital community assets’.

Smoking claims around 80,000 lives a year in the UK, putting huge pressure on the NHS, taking up appointments, scans and operations, and costing taxpayers £3.1billion a year.

The cost of smoking to the economy is even greater, with £18billion lost in productivity every year, as smokers are a third more likely to be off work sick, the Department of Health and Social Care said.

Professor Sir Chris Whitty, the Chief Medical Officer for England added: ‘Most smokers wish they had never started, but are trapped by addiction. Second hand smoke causes harm including to children, pregnant women and medically vulnerable people.

‘The rising numbers of children vaping is a major concern and the Tobacco and Vapes Bill will help prevent marketing vapes to children, which is utterly unacceptable.’

It comes after it emerged that indoor vaping will be banned in public places and bright packaging and fruity flavours restricted as part of a major crackdown on the habit.

Retailers will be forced to obtain a licence to sell vapes and tobacco and could face fines of up to £2,500 for breaching stricter rules.

The gadgets will be hidden from view in shops, as is already the case with cigarettes, and there will be a ban on vaping advertising and sponsorship.

Shops could face on the spot fines of £200 if caught flouting the law by trading standards, while repeat offenders could face stiffer financial penalties in court and have their licence revoked.

Anyone aged 15 or young this year will never be able to legally buy tobacco as the age restriction is lifted by one year each year.

The majority of smokers start before the age of 20 and are then addicted for life. 

Less than 17 per cent of smokers state they want to continue smoking, the Government said.

The ‘tough’ laws will also give ministers the power to extend the current indoor smoking ban to some outdoor settings, including around schools, hospitals and playgrounds.

Disposable vapes are also due to be banned from 1 June 2025 under separate environmental legislation.

Kate Nicholls, chief executive of trade body UKHospitality, said: ‘The rumoured ban on smoking in outdoor areas understandably caused angst amongst hospitality businesses, who were concerned that it would impact trade and undermine their investments in creating outdoor spaces for customers.

‘While we’re yet to see the detail, this initial confirmation that hospitality won’t be included is positive.’

Professor Sanjay Agrawal, NHS England national speciality advisor for tobacco dependency, said: Smoking may seem like a problem for past generations, but it is still the leading cause of preventable illness and deaths and has an enormous impact on the NHS, costing billions each year through appointments, scans and operations. It’s also clear that vaping is a growing issue, particularly among young people. 

‘NHS treatments, including nicotine replacement therapy, are helping thousands of adults each year to live healthier lives and we have seen adult smoking rates drop by more than half in the last three decades. 

‘But there is more to do, so we welcome this public health intervention and look forward to working with government to help the next generation grow up smoke and vape-free.’