Smoking in the United Kingdom

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Tobacco smoking in the United Kingdom is prevalent among a sizeable, but constantly reducing minority of the population. Smoking is legally permitted, with certain conditions upon location arising from the bans enacted separately in England, Wales, Scotland and Northern Ireland. It has been argued that smoking in the UK puts considerable strain upon the National Health Service (NHS) due to the health problems which can be directly linked with smoking. Successive UK Governments have endeavoured to reduce the prevalence of smoking. As part of this commitment the NHS currently offers free help to smokers who want to stop smoking.

As recently as 1979, some 45% of the British population smoked, but this was down to 30% by the early 1990s, 21% by 2010, and 19.3% by 2013, the lowest level for 80 years.[1][2] An annual No Smoking Day has occurred in March since 1984.[3]

Smoking in workplaces and enclosed public spaces has been illegal since 26 March 2006 in Scotland, 1 July 2007 in England, 30 April 2007 in Northern Ireland and 2 April 2007 in Wales.[4][5]

Starting with retailers larger than 280 square metres in England on 6 April 2012 to smaller shops nationwide on 6 April 2015 the display of tobacco products was banned.[6]

In March 2011, the Coalition Government committed itself to holding a public consultation on the introduction of plain tobacco packaging. Influenced the introduction of plain packs in Australia the House of Commons voted 367-113 in March 2015 to pass the Children and Families Act 2014 which would give the government the power to require plain packaging for tobacco products.[7] This came into force on the 20th of May 2016 but tobacco companies have one year to sell off remaining stock, following this all tobacco products sold in the UK must follow plain packaging laws.[8]

On 2 April 2014 the Welsh Government published a public health white paper in which it proposed a ban on the use of e-cigarettes in public spaces.[9] The Bill was subsequently defeated. It should be noted that despite the name, 'e-cigarette,' these devices contain no tobacco and produce no smoke, and therefore any reference to them,should be under e-cigarettes and not smoking. Exceptions to this might be their role as an alternative to smoking, or as devices where it increasingly looks like they are helping young people avoid smoking.[1]

Health issues

It has been estimated by Cancer Research UK that smoking is the single greatest cause of preventable illness and early death with around 107,000 people dying in 2007 from smoking-related diseases including cancers in the UK. Around 86% of lung cancer deaths in the UK are caused by tobacco smoking and overall tobacco smoking is estimated to be responsible for more than a quarter of cancer deaths in the UK, around 43,000 deaths in 2007.[10]

The British Medical Journal states that due to the drive to help smokers quit smoking, Britain has the world's largest reduction in the number of deaths from lung cancer. Previously in 1950 the UK had one of the worst rates in the world. The annual number of deaths from lung cancer in 2000 was half of what it was in 1965.[11]

Age restrictions

England and Wales

Until 1 October 2007 the minimum age to purchase and consume tobacco products in public was 16 years of age. From 1 October 2007 the The Children and Young Persons (Sale of Tobacco etc.) Order 2007 became effective, raising the minimum purchase age to 18 years of age. There is no stated age under which it is illegal to consume tobacco, although an officer has the right to confiscate tobacco if the individual concerned is in a public place and under 16.

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Children and Young Persons Act 1933 - Section 7
(1) Any person who sells to a person under the age of eighteen years any tobacco or cigarette papers, whether for his own use or not, shall be liable, on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) It shall be the duty of a constable and of a park-keeper being in uniform to seize any tobacco or cigarette papers in the possession of any person apparently under the age of sixteen years whom he finds smoking in any street or public place, and any tobacco or cigarette papers so seized shall be disposed of, if seized by a constable, in such manner as the police authority may direct, and if seized by a park-keeper, in such manner as the authority or person by whom he was appointed may direct.

— Children and Young Persons Act 1933, Section 7 - Sale of tobacco, &c. to persons under eighteen

Scotland

Until 30 September 2007 the minimum age to purchase and consume tobacco products in public was 16 years of age. From 30 September 2007 the Tobacco and Primary Medical Services (Scotland) Act 2010 became effective, raising the minimum purchase, consumption and possession age to 18 years of age.

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Section 4: Sale of tobacco products to persons under 18
(1) A person who sells a tobacco product or cigarette papers to a person under the age of 18 commits an offence.

Section 5: Purchase of tobacco products by persons under 18
(1) A person under the age of 18 who buys or attempts to buy a tobacco product or cigarette papers commits an offence.
Section 6: Purchase of tobacco products on behalf of persons under 18

(1) A person aged 18 or over who knowingly buys or attempts to buy a tobacco product or cigarette papers on behalf of a person under the age of 18 commits an offence.
— Tobacco and Primary Medical Services (Scotland) Act 2010, Chapter 1 - Sale and purchase of tobacco products

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Section 7: Confiscation of tobacco products from persons under 18

(1) Where a constable has reasonable grounds for suspecting that a person in a public place—

(a) is under the age of 18, and
(b) is in possession of a tobacco product or cigarette papers,

the constable may require the person to surrender the tobacco product or, as the case may be, the cigarette papers to the constable.
(7) The constable may dispose of any tobacco product or cigarette papers surrendered to the constable in such manner as the constable considers appropriate. (8) In this section "public place" includes—

(a) any place to which the public have access for the time being (whether on payment of a fee or otherwise), and
(b) any place to which the public do not have access but to which the person mentioned in subsection (1) has unlawfully gained access.
— Tobacco and Primary Medical Services (Scotland) Act 2010, Chapter 1 - Miscellaneous

Northern Ireland

Until 31 August 2008 the minimum age to purchase and consume tobacco products in public was 16 years of age. From 1 September 2008 the Children and Young Persons (Sale of Tobacco etc.) Regulations (Northern Ireland) 2008 became effective, raising the minimum purchase, consumption and possession age to 18 years of age.

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Section 3: Prohibition on sale of tobacco, etc. to persons apparently under 18
(1) Subject to paragraph (2), a person who sells to a person under the age of 18 any tobacco or cigarette papers, whether for his own use or not, shall be guilty of an offence.

Section 5: Seizure of tobacco, etc. in possession of persons apparently under 18
(1) A member of the Royal Ulster Constabulary or Royal Ulster Constabulary Reserve may seize any tobacco or cigarette papers in the possession of any person apparently under the age of 18 whom he finds smoking in any street or public place.

(2) Any tobacco or cigarette papers seized under paragraph (1) shall be disposed of in such a manner as the Police Authority for Northern Ireland may direct.
— Health and Personal Social Services (Northern Ireland) Order 1978, PART II - SALE OF TOBACCO, ETC. TO PERSONS APPARENTLY UNDER 18

References

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See also