What Labour’s proposed smoking ban could mean for the UK hospitality industry

At the end of August, “secret Whitehall papers” were leaked to the Sun newspaper, outlining a proposed extension of the UK’s smoking ban to almost all communal outdoor areas. Spaces outside pubs, clubs, restaurants and even football stadiums could be affected, with the potential that even vaping would be included.

Such a dramatic intervention by the government has not been seen since the 2007 smoking ban on enclosed spaces. So how realistic are the new proposals and what affect would such changes have on the hospitality industry?

What prompted the plans?

The proposals are an addition to the Tobacco and Vapes Bill, introduced by the Conservatives in March, which outlined the idea of a “smoke-free generation” by banning tobacco and vaping products to anyone born after 1 January 2009. 

That is an idea inspired by similar legislation brought in by Jacinda Ardern’s government in New Zealand in 2022, only for it to be revoked by the new coalition government when she stepped down as Prime Minister. 

Despite the New Zealand ban being scrapped, then UK Prime Minister, Rishi Sunak, said a similar ban here was “critically important”, remaining undeterred until he ditched his own policy by calling an early election. 

With no time for the Conservative bill to pass through Parliament, it is now being picked up by Labour.

What has the government said?

Prime Minister Keir Starmer refused to deny the plans, saying there were 80,000 preventable deaths a year from smoking and that “we’ve got to reduce the burden on the NHS and the taxpayer”.

Skills Minister, Jacqui Smith, confirmed the proposals, saying the intention was to create “fewer places where you actually can smoke”.

Is it a sensible policy?

The 2007 smoking ban was justified on the basis that passive smoking in enclosed spaces affected workers such as bar staff, waiters and entertainers, as well as other customers. The idea was that one person’s choice to smoke could affect other people’s health without their consent.

These new proposals sit on shakier ground. The justification for them is a wider point about public health generally, that it is necessary to help the NHS, which is in crisis after years of underfunding. 

There are stats that back up the idea of legislation for the public good. Smoking-related illnesses cost the NHS around £2.5bn a year, with the broader economic cost of lost productivity due to illness and premature death estimated to be closer to £14bn annually, according to the DHSC’s recent impact assessment. 

There has also been a decline in smoking, with about 12.9% of the UK population classing themselves as smokers, down from 14.1% in 2020, according to Action on Smoking and Health (ASH).

However, people have raised the question that if the point is about public health, then why not ban fast food or energy drinks? Ultra-processed foods have been linked to various diseases according to the NHS’s own assessments. 

There is also an obvious problem in how the government or police will enforce it. What will the punishment be for failing to comply and if people are smoking outside pubs or clubs, does the liability fall on the business? And how would you prove they’re a customer?

Is there public support?

According to polling company Yougov, there is public support for the policy, though it is nuanced rather than broad, and depends on where it is being enforced.

The highest support for an outside smoking ban was for areas outside of hospitals, with 76% in favour and 21% opposed. Outside sports grounds saw similar numbers, with 72% in support and 22% opposed. In pub gardens, however, the numbers were much closer, with 51% for and 43% opposed.

In terms of the “smoke-free generation” proposal of banning smoking for anyone born after 2009, 61% of people overall support the idea, with only 27% opposed. Surprisingly, the strongest support comes from the youngest age group of 18-24 (67% in favour), though those who would be actually affected by the ban were not questioned as they are currently under 18.

What has the hospitality industry said?

The reception has been mixed. JW Lees brewery head, William Lees-Jones, said the idea was a “bolt from the blue” that had not been discussed with industry. He added that it would be “really bad for business” and could “shut a lot of pubs”.

UKHospitality chief executive, Kate Nicholls, said the ban could cause “serious economic harm” to hospitality venues, adding "You only have to look back to the significant pub closures we saw after the indoor smoking ban to see the potential impact it could have”.

The boss of JD Wetherspoon, Tim Martin, said he did not think a ban would have a “big effect” on business, and “the question is whether the government should interfere in individual liberties, where danger is involved.” 

So, potentially a low impact?

The government must strike a balance between public health and any economic impact, particularly the hospitality businesses that would be most affected. While it has the potential to greatly benefit public health, it is crucial that voices from across the spectrum are heard. But with smoking on the decline, will it really stop people coming out to pubs or clubs? The hope is, like previous legislation changes such as banning smoking indoors, the draw of the pub will remain as strong as ever.