Smoke Free, Tobacco Control and Vapes
Smoke Free
Smoking is the single greatest cause of preventable illness and premature death in Northern Ireland, killing around 2,300 people each year. In April 2007, smoke free legislation was introduced that prohibited smoking in 'enclosed' and 'substantially enclosed' workplaces and public places. The legislation also extended to work vehicles and public transport. The primary aim of the legislation was to protect employees and members of the public from exposure to second-hand smoke.
The legislation makes it an offence for anyone - members of the public or employees - to smoke in a smoke free premises or vehicle. This may result in a fixed penalty notice of £50, or a maximum fine of £1,000 if prosecuted and convicted by a court.
The legislation also makes those responsible for smoke free premises to display "no smoking" signage in a prominent position at each entrance to the premises. Those responsible for smoke free vehicles are also required to display "no smoking" signage in each compartment where people sit.
Those responsible for smoke free premises and vehicles are also required to prevent smoking there.
Smoking Shelters
There is no legal obligation to provide a smoking shelter, however, many premises have chosen to do so for the comfort of their staff and/or customers.
Any smoking shelter provided must comply with smoke free requirements. In practice this means that if an area has a ceiling or roof, smoking would only be permitted in the area if it did not have sides (including doors, walls, windows, or other fitting that can be opened or shut) that enclose more than 50% of the area. A roof includes any fixed or movable structure that covers all or part of the area, such as canvas awnings.
If you are a smoker, you MUST only smoke in a designated smoking shelter/area and NOT in any other part of a smoke free premises. If you fail to comply with this requirement, you may be asked to leave the premises (as the proprietor is required by law to prevent smoking). Smoking in a smoke free premises or vehicle may result in a fixed penalty notice of £50, or a maximum fine of £1,000 if prosecuted and convicted by a court.
Inspections
Under the Smoking (Northern Ireland) Order 2006, Tobacco Control Officers and/or Environmental Health Officers can visit premises to:
- check they are complying with the law
- offer help and advice
- take legal action against offenders (where necessary).
If you have any concerns about a premises or would like further information, please contact the Tobacco Control Team by calling 0300 013 3333 or emailing environmentalhealth@ardsandnorthdown.gov.uk
Tobacco Retailers Register
Anyone running a tobacco business in Northern Ireland must register with the Tobacco Register NI. It is an offence to carry on running a tobacco business without being registered.
Tobacco products include cigarettes, rolling tobacco, pipe tobacco, cigars, cigarette papers and filters.
The list of registered retailers can be found online at www.tobaccoregisterni.gov.uk
If you find someone selling tobacco products who is not registered, you should contact the Tobacco Control Team who will investigate the matter further. Please call 0300 013 3333 or email environmentalhealth@ardsandnorthdown.gov.uk
Underage Sales of Tobacco Products and E-cigarettes/Vapes
In addition to the general requirements of the smoke free legislation, there are further legal obligations applicable to any business or organisation that is involved in the Sale of Tobacco Products and Nicotine Inhaling Products.
It is an offence to sell tobacco products (including cigarette papers) or nicotine inhaling products (such as e-cigarettes and liquids) to a person under the age of 18.
Retailers are advised to check for proof of age of anyone they suspect to be under the age of 21, or in some cases retailers have adopted an under 25 policy and will seek identification such as a driving licence, passport, etc. Electronic forms of ID are not considered suitable as they are too easy to falsify.
In addition, an adult who buys, or attempts to buy, tobacco products or nicotine inhaling products (including e-cigarettes/vapes and liquids), on behalf of a person under the age of 18 (known as proxy purchasing) can also be issued a fix penalty notice of £250, or a maximum fine of £5,000 if prosecuted and convicted by a court.
Test Purchasing
To ascertain the level of compliance with the law, the Council undertakes surveys of retailers in the form of test purchases. The test purchase involves sending a person under 18 years of age into Retailers premises to attempt to buy cigarettes or nicotine inhaling products (such as e-cigarettes and liquids).
A person selling these products to anyone under 18 may receive a Fixed Penalty Notice of £250 or a fine of up to £5,000 and/or up to 6 months imprisonment if prosecuted and convicted by a court. All age-restricted products should only be sold to people who have photographic identification proving they are over 18.
Tobacco Control Officers visit Retailers regularly to raise awareness of their responsibilities, provide advice and guidance and assess compliance.
If you suspect that a retailer is selling tobacco or nicotine inhaling products (such as e-cigarettes and liquids) to minors, you should contact the Tobacco Control Team who will investigate the matter further. Please call 0300 013 3333 or email environmentalhealth@ardsandnorthdown.gov.uk
Vaping
Vaping is the inhaling (breathing in) of vapour created by an electronic device that can be known as a vape, e-cigarette or electronic nicotine delivery system (ENDS). Vapes work by heating a liquid (called an e-liquid/e-juice). The liquid typically contains nicotine, propylene glycol, vegetable glycerine and flavourings, some of which may be potentially harmful to the body. When heated, the nicotine changes into a vapour. The nicotine and other ingredients are inhaled into the body.
Vapes come in a variety of shapes, sizes and colours. Some can be disguised as items including pens and USB memory sticks. While they are being used by some smokers as a quit aid or harm reduction product, there are an increasing number of young people vaping who are non-smokers.
A Department of Health report, "Young Persons Behaviour and Attitudes Survey 2022", Young Persons' Behaviour & Attitudes Survey 2022 | Northern Ireland Statistics and Research Agency (nisra.gov.uk) has revealed that almost half of young people aged between 15 and 16 have at one stage used an e-cigarette. Around 95% of 7,498 respondents said they had heard of e-cigarettes - or vaping - while 21% said they had used one. Those in older year school groups were found to be more likely to report ever having used an e-cigarette, with 6% of those in Year 8 to 44% of those in Year 12.
There are currently UK Government plans to introduce legislation to restrict vape marketing and packaging to make them less overt and attractive to young people. They will also address "kid-friendly" flavours such as bubble gum and candy floss which make them more appealing to the younger age group. It is expected that similar legislation will be in place in Northern Ireland.
Whilst it is recognised that vapes may be less harmful than cigarettes and have been successful as a smoking cessation aid, they are not completely safe and the full long-term health effects are not known.
Vaping liquids can contain high levels of nicotine, which is very addictive. Many young people who vape did not smoke cigarettes before they started vaping. But young people who vape are more likely to start smoking cigarettes than those who never vape.
Vaping can contain other harmful illicit substances besides nicotine. High levels of THC or synthetic cannabinoids such as Spice or Pine could be present and have a negative outcome when vaped. Sharing vapes could lead to young people inhaling illicit substances without realising.
In addition, there is growing concern over the environmental impacts of disposable vapes given their lithium batteries and hard to recycle components and the increasing frequency in which these products are littered or thrown in the bin Vaping Factsheet A4 06_24.pdf (hscni.net)
The health advice is clear: young people and people who have never smoked should not vape.
For further information, including a factsheet for parents, visit Vaping addiction can soon take hold | HSC Public Health Agency
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