You can legally run a shisha lounge in England, but only outdoors or in a structure that is at least 50% open, with planning permission, legal duty-paid tobacco and strict age checks. Most shisha businesses that get closed down fall foul of the smoke-free rules, not the licensing rules.
This guide answers the questions we hear most often from shisha café and lounge operators. Each answer links to the official source so you can check it yourself.
Smoke-free law
Can customers smoke shisha inside my café?
No. Under the Health Act 2006, smoking is banned in enclosed and substantially enclosed public places and workplaces. Shisha smoke is treated exactly like cigarette smoke. (Tower Hamlets Council)
What if we only serve herbal, tobacco-free shisha?
The ban still applies. The rules cover waterpipes whether or not the mix contains tobacco, and tobacco-free shisha still produces harmful smoke. (Royal Borough of Greenwich)
Can we have a private room or members' area for smoking?
No. If the room has a roof and is enclosed, it is smoke-free, whoever is using it. Staff work there too, so it also counts as an enclosed workplace.
Outdoor areas and shelters
Where can customers legally smoke shisha?
In an area with no roof at all, or in a covered area where at least half of the wall area is open. A covered space is "substantially enclosed" if its openings make up less than half of the walls. (Smoke-free (Premises and Enforcement) Regulations 2006, reg. 2)
Do sliding doors, roll-down sides or windows count as open?
No. Any opening that can be closed counts as a wall, even if you keep it open. Tent side panels, retractable screens and windows all count as closed. (Royal Borough of Greenwich)
Can we hang curtains or sheeting to keep the wind out?
Not if it takes the open area below 50%. Councils treat rugs, sheeting, plants and high-backed seating that block openings as walls. (Ealing Council)
Is meeting the 50% rule always enough?
Not always. If smoke still builds up, the council may expect better or mechanical ventilation. (Ealing Council)
Planning permission
Do I need planning permission for a shisha lounge?
Usually, yes. Councils say you may need permission to use any part of a property as a shisha lounge, even if it already trades as a café or restaurant. Many councils treat shisha use as a separate use from a café. (Gravesham Council)
Do I need planning permission for a smoking shelter or canopy?
Often, yes. Check with the planning department before you build anything. Shelters in conservation areas or on listed buildings face stricter rules. (Tower Hamlets Council)
What will the planning officer look at?
Mainly noise, light, smoke drifting into neighbouring homes and smoke getting into smoke-free areas.
If I have planning permission, does that mean my shelter is legal for smoking?
No. Planning permission and a premises licence do not prove the structure meets the smoke-free 50% rule. These are separate checks. (Royal Borough of Greenwich)
Licensing
Do I need a licence to serve shisha?
No. Smoking itself is not a licensable activity under the Licensing Act 2003. (Gravesham Council)
We serve tea, coffee and food late at night. Do we need a licence for that?
Yes, if you serve hot food or hot drinks to the public between 11pm and 5am. This is "late night refreshment" and needs a premises licence. A shisha lounge serving Turkish tea after 11pm is covered. (Licensing Act 2003, Schedule 2) Read more in our guide: What Is a Premises Licence and How Do You Apply?
We already have an alcohol licence. Can adding shisha affect it?
Yes. A significant change in how you use the premises could breach your existing licence conditions, for example conditions about smoking areas or dispersal. Breaking the smoke-free rules can also put your licence at risk at a review. (Gravesham Council)
Shisha tobacco and age checks
Can I buy shisha tobacco from any supplier?
No. You may only sell tobacco that was legally imported with UK duty paid. Councils warn that most shisha tobacco on the market is not, and illegal stock can be seized. (Tower Hamlets Council)
Does shisha tobacco need health warnings?
Yes. Packets need the written warning across 30% of the front and a picture warning on another side, plus batch code and ingredients. For loose shisha served in a pipe, you can give customers a written warning notice or label the pipes. (Ealing Council)
What about under-18s?
You must not supply tobacco to anyone under 18, and you must display a notice saying so. Pipes are usually shared, so check the age of everyone in the group, including people who join later. Many operators simply admit over-18s only. (Tower Hamlets Council)
Safety: charcoal, carbon monoxide and fire
What is the biggest safety risk?
Carbon monoxide from hot coals. It builds up when coals are lit or left smouldering in a poorly ventilated space, and it can kill. Douse coals fully with water at the end of each day and keep them away from customers. (Ealing Council)
Can a council close us down over this?
Yes. In July 2026 Rochdale Council obtained a court closure order against a shisha lounge after carbon monoxide readings in its kitchen went above 100 ppm and fire crews twice evacuated the building. (Rochdale Borough Council)
What paperwork do I need?
- A fire risk assessment and emergency plan that cover burning charcoal
- Written risk assessments if you employ five or more staff
- Staff training on handling coals, spills and incidents
- Unlocked, clearly signed fire exits
What about hygiene?
Clean and disinfect hoses and mouthpieces between customers, and use disposable mouthpieces. Staff who light pipes should use their own mouthpiece, then fit a clean one. (Gravesham Council)
Signs, inspections and fines
What no-smoking signs do I need?
Since 1 October 2012, smoke-free premises in England must display at least one clearly readable no-smoking sign. You choose its size, design and position. (GOV.UK)
What are the fines?
- Failing to prevent smoking in a smoke-free place (manager or occupier): up to £2,500 in court
- Failing to display a no-smoking sign (manager or occupier): £200 fixed penalty (£150 if paid within 15 days), or up to £1,000 in court
- Smoking in a smoke-free place (the person smoking): £50 fixed penalty (£30 if paid within 15 days), or up to £200 in court
You may also have to pay the council's court costs. (Royal Borough of Greenwich)
What else can the council do?
Councils can seize pipes and tobacco as evidence, make repeat visits until you comply, and apply for closure orders or High Court injunctions against repeat offenders. (Tower Hamlets Council, Barking and Dagenham Council)
What is changing: the Tobacco and Vapes Act 2026
What does the new law mean for shisha businesses?
The Tobacco and Vapes Act 2026 became law in spring 2026. Three parts matter most for shisha operators. (UK Parliament)
- Generational sales ban: it will be illegal to sell tobacco to anyone born on or after 1 January 2009. "Over 18" will no longer be enough for tobacco shisha. You will need to check dates of birth.
- Retail licensing: the Act creates a licensing and registration system for tobacco and vape retailers. Details will follow in regulations.
- Smoke-free places: ministers can extend smoke-free rules to more public places, mainly around children and hospitals.
When do these changes start?
Each part starts on a date set by government. We will update this guide as dates are confirmed.
How Anka Group can help
We help shisha café and lounge operators across England and Wales with planning permission, late night refreshment and premises licence applications, and preparing for council inspections. We speak both English and Turkish.
Call or WhatsApp us on +44 7378 501348, or contact us here for a free consultation.
By Elif Goksal - MIoL, Founder & Managing Director, Anka Advisory Group. This article is general information and not legal advice.