Does the smoking ban apply to theatres and to rehearsals and/or just performances? Are there any other specific exemptions to the law in other industries?
The smoking ban applies to theatres as it does to all enclosed and substantially enclosed public places and places of work. However, Section 3 of the Health Act deals with exemptions, and says that regulations may be made providing for specified descriptions of premises, or specified areas, not to be smoke-free. The smoke-free (exemptions and vehicles) regulations came into force on 1 July. Regulation 6 says: Where the artistic integrity of a performance makes it appropriate for a person taking part in a performance to smoke, the part of the premises in which that person performs is not smoke-free in relation to that person during his performance. Section 3(8) of the Health Act defines “performance” as including “the performance of a play, or a performance given in connection with the making of a film or television programme”. It goes on to say, “if the regulations so provide, including a rehearsal”. However, the regulations do not mention rehearsals so they are not, currently, exempte
