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The ban on smoking in the garden is no longer in the government’s plans
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The ban on smoking in the garden is no longer in the government’s plans

Getty Images Three people sit together outdoors - one woman has a cigarette in her hand, while the other two men blow tobacco smoke out of their mouthsGetty Images

The government is to scrap plans to ban smoking in the gardens of pubs and restaurants in England.

Health Secretary Wes Streeting said he did not want to cause further damage to the hospitality industry, adding that “people don’t want to see their high streets go down”.

But the government is considering plans to ban smoking in children’s playgrounds and outside schools and hospitals, although there are few details of how this would be measured or controlled.

The main aim of the updated Tobacco and Vaping Bill is to create a smoke-free generation in the UK by making it illegal for anyone currently aged 15 or under to ever buy cigarettes.

Streeting said he had discussions with the hospitality sector over the summer and decided not to proceed with a ban on outdoor smoking in pubs, bars and restaurants that was taken into account.

“There are lots of things we can and will do in terms of public health that don’t impact on people’s freedoms or livelihoods,” he told Radio 4’s Today programme.

Trade group UK Hospitality said the proposals had caused unease among the sector.

“Now is not the time to add additional costs to businesses and we are pleased that the government has listened and acted on the sector’s concerns,” chief executive Kate Nicholls said.

The British Beer and Pub Association, which represents 20,000 pubs across the UK, said it welcomed the change of heart, adding that the ban “would have led to many pubs closing their doors and losing jobs”.

Instead, under the new bill, the government is considering extending anti-smoking legislation in England to outdoor areas such as playgrounds, schools and hospital grounds to protect children and the most vulnerable from the harmful effects of smoking passive.

However, it is not clear how this would work in practice.

Streeting suggested that enforcing these outdoor bans could work in the same way as fines for fly-tipping and anti-social behaviour.

“We will be consulting on how long the ban will be in place, but if enforcement officers come in and we can fine people for this activity I think it will make a real difference,” he told BBC Breakfast.

In Scotland, Wales and Northern Ireland, smoking in NHS hospitals is already an offence. This is defined by the Scottish Government as being within 15 meters of an NHS hospital building.

In Wales, school grounds, public playgrounds and the outside areas of nursery and childcare facilities must also be smoke-free.

Vaping suggestions

A ban on the sale of single-use vapes from June next year in England and Wales has already been announced.

With youth vaping on the rise, the move aims to prevent kids from becoming hooked on nicotine by buying cheap, brightly colored vapes.

Under the new bill, the government now has powers to restrict vape flavors, displays and packaging.

And it is considering banning vaping in some outdoor areas as well, although some health experts warn against such a move, saying it sends a mixed message.

“We need to focus on the huge health damage caused by smoking tobacco and avoid putting people off switching to less harmful alternatives such as vaping,” said Professor Caitlin Notley, professor of addiction sciences at the University of East Anglia .

This could inadvertently increase the level of tobacco smoking, she added.

The NHS says that giving up smoking for vaping reduces the risk of dying from a number of diseases, including cancer, heart attack, stroke and type 2 diabetes. Cigarettes contain tobacco which releases thousands of harmful chemicals when burned .

A shop licensing scheme is also in the plans, meaning all retailers would need a license to sell tobacco, vape and nicotine products in England, Wales and Northern Ireland. On-the-spot fines of £200 for retailers could be imposed on those selling to under-18s or stocking unregulated products.

The vaping industry said it welcomed the move, adding that it was “a victory for law-abiding businesses” and that it “stops rogue traders in their tracks from selling to minors and creating a lucrative black market”.

A registration system for retailers selling these products has been in place in Scotland since 2017.

All proposals will be open to public debate over the next six months.

Health charities have welcomed the government’s plans.

The Action on Smoking and Health charity said it will help create a country where young people never start smoking.

But he said the government must now work out how it would help Britain’s six million smokers to quit.

“This will require a properly funded plan, paid for by a tax on tobacco companies,” said the charity’s chairman, Professor Nick Hopkinson.

Dr Charmaine Griffiths, chief executive of the British Heart Foundation, said she welcomed the government’s commitment to protecting children and vulnerable people from second-hand smoke in schools, playgrounds and hospitals.

“We also welcome measures to make vaping less attractive to young people,” she said.