Smoke-free laws

Since 1 March 2021, the law around where people can smoke has changed and means that hospital grounds, schools grounds and public playgrounds, as well as outdoor day care and childminding settings are required to be smoke-free. It is an offence to smoke in a smoke-free area and anyone caught breaking the law can face a £100 fine.

“Outdoor care settings for children” are the outdoor areas of those premises which are registered under Part 2 of the Children and Families (Wales) Measure 2010, and are premises which provide day care or childminding for a child or children under the age of 12. These outdoor areas are only required to be smoke-free when the premises is being used for day care or childminding. In the case of a childminder providing care in their home, the outdoor areas of the home are required to be smoke-free if one or more of the children are in the outdoor area. The legislation includes a duty which requires that the manager or childminder responsible for the setting must take reasonable steps to stop smoking there. There is no requirement for ‘No Smoking’ signs to be displayed in outdoor care settings for children. However managers and childminders can display ‘No Smoking’ signs in their outdoor areas if they wish to do so and we have published a template here:

For further information on what is required, we have published guidance here:

If there are any questions on the introduction of the legislation or its requirements, please contact the tobacco policy team on:

Day Nurseries – provides registered early education and childcare for young children from 0 to 12 years old. They usually open from early morning to early evening and offer a caring, safe, stimulating environment either as full day care or part-time care and some will offer care before and after school and in the holidays for older children too.  Thinking of setting up a nursery? We can support you with information, guidance during the registration process and continued support thereafter. For further information please contact Susan James Childcare Business Development Officer on 01267 246552.

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