Rank: Forum user 
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Hi Everyone,
I see a number of London establishments have cigar rooms (internally) where people can smoke cigars. I have read some articles that indicate this is lawful where consumers are trialing the product prior to purchase from a retailer e.g. shop or hotel.
What I cant find is a legal reference or calrity from a suitable source to substatiate this dispensation. Can anyone shed any furher information on this, as I thought all smoking in public places fell under the ban in 2007?
Thanks DJ
Edited by user 15 November 2018 12:43:09(UTC)
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Rank: Super forum user
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That's an interesting post David. I worked on a significant refurbished heritage building in Mayfair in 200//8(ish)which is part high end gentlemen's club with hotel accomodation and part retail. The premises was fitted with a secure walk in humidor, which acted like a safety deposit area does in banks - but this time for members to store their cigars. There was a bar, coffee shop, resturant, barbers and cinema. But although this premises was mainly geared for the sale, storage and enjoyment of cigars, the only smoking area was in a electrically heated outdoor basement light well. I particularly recall this as the floor of the lightwell was lined with a wooden decking with intentional large gaps which caused some discussion. If any company could of got around the no smoking rules, it would have been this organisation who had lots of cash and influence. I will be interested to read any replies you get
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Rank: Forum user
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Check out the The Smoke-free (Exemptions and Vehicles) Regulations 2007 http://www.legislation.gov.uk/uksi/2007/765/pdfs/uksi_20070765_en.pdf
Exemptions to the smoking ban - Specialist tobacconists 7.—(1) The shop of a specialist tobacconist that is being used by persons who are sampling cigars and pipe tobacco is not smoke-free for the duration of that sampling if it— (a) has a ceiling and, except for doors and windows, is completely enclosed on all sides by solid, floor-to-ceiling walls; (b) does not have a ventilation system that ventilates into any smoke-free premises; (c) does not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use; and (d) is clearly marked as premises in which smoking is permitted. (2) In this regulation “cigar” has the same meaning as in the Tobacco Products (Descriptions of Products) Order 2003(a) and “specialist tobacconist” has the same meaning as in section 6(2) of the Tobacco Advertising and Promotion Act 2002(b).
It would be interesting to see whether the powers that be ever check how many cigars are "sampled" and how many are subsequently sold for smoking off the premises. I'd wager that there's a lot more of the former!
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Rank: Super forum user
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Found it! The Smoke-free (Exemptions and Vehicles) Regulations 2007-there are several exemptions for the general ban: - Private accommodation.
- Accommodation for guests and club members.
- Other residential accommodation
- Performers ie in the theatre or while making a film or TV programme.
- Specialist tobacconists.
- Offshore installations.
- Research and testing facilities.
- And as a temporary exemption, mental health units
The specialist tobacconists must be for the purpose sampling cigars and pipe tobacco and the room where this takes place must: - Be separate and sealed off from the rest of the building
- must have a ventilation system that does not ventilate into any smoke-free premises;
- must not have any door that opens onto smoke-free premises which is not mechanically closed immediately after use; and
- Be clearly marked as premises in which smoking is permitted.
Therefore it has to be a shop not a club
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Rank: Super forum user
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Back in time -circa 2009/2010- I saw a couple of smokers booths fitted inside a bar which had internal extraction units, think of the bboths you see in burger bars but with a roof. They were rather nice with tables and some stylish bar stools, etc . No door seperating from the main bar.
I was assurred that these were fully compliant with the smoking regulations as no one had to go in them. Looking at the extract AK has given, I cannot see how these would be acceptable or even profitable given the need to fit extraction units.
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