PART 2Exemptions

Specialist tobacconists7.

(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 20033 and “specialist tobacconist” has the same meaning as in section 6(2) of the Tobacco Advertising and Promotion Act 20024.