Only a few premises will be exempt from the new smokefree law, and all exemptions are subject to strict conditions.  Exemptions have been provided for workplaces with specific circumstances.

Exemptions are provided to allow managers to designate specific rooms for smoking in the following types of premises:

•    Hotels, inns, hostels, guesthouses and members’ clubs that provide sleeping accommodation may  designate individual guest bedrooms for smoking, but all other parts of the premises must be smokefree. Dormitories and other shared accommodation that is made available under separate arrangements must be smokefree at all times
•    Care homes(1), hospices(2) and prisons may designate either individual bedrooms or rooms to be used only for smoking for use by persons over 18 years of age
•    Residential mental health units(3) may designate either individual bedrooms or rooms to be used only for smoking for use by persons over 18 years of age. This exemption applies only until 1 July 2008 when they are required to become smokefree
•    Offshore installations(4) may designate rooms to be used only for smoking
•    Specialist tobacconist shops(5) may allow people to sample cigars or small amounts of pipe tobacco within the shop premises. Smoking of any other product, including cigarettes, will be prohibited
•    Research and testing facilities may designate certain rooms for smoking only while the rooms are being used for any research or testing activities specified in the new smokefree law.

(1) Care homes as defined in the section 3 of the Care Standards Act 2000.
(2) Hospices which as their whole or main purpose provide palliative care for people resident there who are suffering from progressive disease in its final stages.
(3) Residential mental health unit means any establishment (or part of an establishment) maintained wholly or mainly for the reception and treatment of people suffering from any form of mental disorder, as defined in section 1(2) of the Mental Health Act 1983.
(4) Offshore installations as defined in regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995.
(5) Only specialist tobacconist stores that meet the definition in section 6(2) of the Tobacco Advertising and Promotion Act 2002.