Client Alert: Government Signals Consultation on Making Indoor Pubs Vape‑Free

Client Alert: Government Signals Consultation on Making Indoor Pubs Vape‑Free

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Issued: 2nd February 2026

On 16 January 2026, the Government confirmed a significant policy direction that pub operators need to be aware of.  In a Written Answer to Kevin Hollinrake MP, Ashley Dalton, Parliamentary Under‑Secretary of State for Public Health and Prevention, stated that under the Tobacco and Vapes Bill, the Government intends to consult on making most indoor smoke‑free settings also vape‑free — explicitly including the inside of pubs and other hospitality venues.

This marks the clearest indication yet that ministers plan to bring vaping restrictions in line with the indoor smoking ban, although no legal changes have yet been enacted.  Any regulations will be subject to a full public consultation and an economic impact assessment, which the Minister confirmed will examine effects on financial viability, profitability, and operational considerations for the trade.

The enabling powers within the Tobacco and Vapes Bill are broad and have already generated sector concern, with the British Beer & Pub Association previously warning that uncertainty around the scope of these powers could create operational challenges for pubs. While the Government has not proposed extending restrictions to pub gardens, the possibility remains part of the wider debate and will continue to attract scrutiny.

What this means for pub operators now

Although no change is immediate, the direction of travel is clear: indoors vaping restrictions are likely. Pub operators are advised to prepare.

Immediate recommended actions:

Review your current Vaping Policy

Many venues already prohibit indoor vaping voluntarily.  Consider whether adopting or updating a clear policy now will smooth transition and help manage customer expectations.

Assess Operational Impacts

Think about customer flow, signage requirements, enforcement challenges, and potential tensions between vaping and non‑vaping customers.  These issues will be central to the Government’s forthcoming impact assessment.

Think about…

  • Customer behaviour and demand
  • Potential financial implications
  • Feasibility of enforcement
  • Any differentiation between indoor and outdoor spaces

Engage early with Trade Bodies

Organisations such as the BBPA have already been active in representing pub sector concerns.  Coordinated responses are likely to carry greater weight.

Monitor Developments closely

Draft regulations and formal consultation documents are expected soon.  These will set out the specific proposals and implementation timetable. The Licensing Guys will keep you informed of developments if you subscribe to our fortnightly newsletter here:

 www.thelicensingguys.com/vapes/

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