Is electronic cigarette smoking legal in public places UK?

[Spider]

I hope this email clarifies the Department of Health’s current position on this matter.

It does if their position is 'maybe'.

Surely the department of health should be more concerned with the effect that e-smoking may have on the user or those around them when deciding whether it should be classified as smoking or not, rather than focusing on technicalities.

Maybe e-smoking will become one of those things that the government decides is technically banned but they 'turn a blind eye' to it legally.

Spider

[TheEmperorOfIceCream]

ah yes, what my US buddy calls 'diaper talk'. The sole point of it is to cover one's ass...

[icemanmaz]

I have found that if you cover the end of the e-cig and use it like a pipe no one would even know that it was more than a pen I have used mine in loads of places and not one single remark

[deewal]

I have found that if you cover the end of the e-cig and use it like a pipe no one would even know that it was more than a pen I have used mine in loads of places and not one single remark

Hi icemanmaz
Could you elaborate a bit more on that. How do you cover the end and how does the vapour become invisible ?

[dc2k08]

yeah, i dont get many stares with the penstyle either. deewal, you can hold the smoke in and it all but disappears. with the throw-away cigar though, i get stares just by having it in my hand.

[Ruby]

Reading the rest of it, I'm afraid it's more like, "We would like to say no, but we can't at the moment. We're now preparing reasons for the ban we will impose and the exact wording that will outlaw nicotine-vaporizing devices."

My thoughts exactly Bob. I'm not feeling like a happy bunny about that response - can see the anti e-cig campaign coming. Plus, there is big revenue in smokers taxes and I wonder sometimes if actually really really the government would like us all to quit or worse transfer our addictions to something relatively non profitable for them.

Not sure the patch manufacturers and other suchlikes are going to be taking this sort of competition lying down either. There is a nicorette 'pen' one can draw on - it is just a useless thing, mine is still lurking somewhere in a drawer. No vapour at all. Think I bought mine at boots. I don't recall there being any fuss about using that publically. It was also inhaled. So what is their fuss?

Makes one realise one's got to be careful about wording here on every level. Vaping is better than smoking. E-vape is probably better than e-cig even though it undoubtedly won't sell as well. It's all 'scuse the weak pun, smoke & mirrors.

It's early days for us and I think we must think on our arguments and work hard to pave the way for the future. Else we might not have a future of vaping to enjoy freely & we are going to end up shivering in the cold outside restaurants etc all over again - a new breed of leper.
Suffer the thought.

[brendajorsler]

"In 1997, local government came together and created the Local Government Association to be its voice"
The LGA was the U.K. organisation mainly responsible for the smoking ban as they recommended to the Government that a partial ban would not work and that ALL public premises should have a smoking ban.

Recent quote from the LGA:

"Smoke free public places will only become a reality if the regulations are clearly understood by both the public and businesses alike. It is pleasing to see the Government has avoided introducing any costly or confusing exemptions that would have made it extremely difficult to make this legislation work. Local authorities must now be given sufficient resources to enforce the ban and make it a success."

So as these people seem to be 'au fait' with the laws of the Government I thought that as the Health Minister did not know if the e-cig was o.k. to use in public places, I would ask them.

This is the latest reply from the Dept. of Health (Dawn Primarolo's office)

"Thank you for your further email to the Department of Health regarding electronic cigarettes.

I am sorry, but I cannot add anything else to the two replies I have sent to you already. The Department cannot say that such products could be used in areas which are smoke-free under the law."
Yours sincerely,
Ron Le Bruin

I emailed the LGA:
Am I liable to prosecution if I use my electronic vapour device (that looks like a cigarette) but contains no tobacco or is not lit, in an enclosed public place.


This is the wondefully grammatically incorrect answer that I received from the LGA

.Thank you

Your email has been received, but the LGA would not be able to advised
you as your enquiry does not come with in its remit. Your local trading
standards, local authority, police station or health, citizen advice
bureau and safety executive might be able to help?

Best Regards
C Murray
LGconnect

P Save Paper - Do you really need to print this e-mail?

Sorry for the long post !!
Brenda
.

[Ruby]

My only worry is if we keep drawing their attention to it - they'll start finding ways to stop us.

But for now I'll take both responses as 'they don't know' and haven't passed any laws yet - so we won't/can't be prosecuted.

We might get warned off somewhere like in a restaurant, but that'll be the sum of it.

I want bars & restaurants to accept this device longerterm because the more who do the stronger the argument will be if the authorities start to play nanny again. So I'll be sure to chat to owners before I do have an after dinner vape out of politeness.

And if they say 'no' I'll try to convince them.

And if they still say no - they won't get my custom again.

[sandrajean1955]

Yes - If we keep bringing it to their attention they will find a way to ban it. After all the tobacco companies wont be happy till they're banned and the big pharmaceuticals will lobby to kill it off completely. They stand to lose too much dosh. They'll withdraw donations to whatever political party they support so the Government will go hell for leather to ban them. On the other hand it should be brought to the Governments attention because a decision will have to be made. People cannot be accused of breaking a law if it does not exist. People cannot be asked to stop using the e-fag if there is no law against it. I think it will be very difficult for the Government to ban the use of them, at least for many years to come. On what grounds can they ban them - because they contain nicotine? So do Nicorettes. They do not contain tobacco and they are not lit therefore they are not illegal as far as the Health & Safety Act is concerned. I think the smokers of this country should be made more aware of these cigarettes and the advantages of them. If the Government tries to ban them there would be a lot more people against the ban than there would be at the moment. The peoples argument could then be "you want us to stop smoking but you dont want us to use something that could, in effect, help us to do it - because the tobacco co's and the pharms have you in their pockets". The Government are on a sticky wicket, in my opinion, on this one.

[TropicalBob]

Thoroughly read this topic, Law and the E-Cigarette, and you'll understand what will be argued in proposing a ban on these. Public opinion will NOT side with smokers trying to quit using devices that resemble cigarettes, cigars or pipes. Not a chance. E-smokers will be told to use what is already approved, not to try an end run on anti-smoking mandates.

And, in Florida where I live, men walk around shoeless and shirtless some times. No law against that. It's just practical fashion addressing the problems of tropical heat.

Then the men see a sign on the restaurant door: No shoes, no shirt, no service. The signs are everywhere. And, yes, that is legal and the shoeless, shirtless men are not allowed inside to even order a beer.

In the absence of specifically restrictive law, business owners can set their own rules. So e-smokers can still be tossed without official government disapproval. Our task is persuade businesses not to do that, to see profits from allowing e-smokers inside.

Don't get pushy. Don't demand your "rights". Always be pleasant and persuasive, remembering that nothing has the power of the promise of greater profit.