Smoke Free ENFORCEMENT

On July 1st 2007, the Smokefree (Premises & Enforcement) Regulations 2006 England came into force making virtually all substantially enclosed public places and workplaces in England smoke free.  This is enforced by Environmental Health on behalf of the Council.

Contact Environmental Health or visit the Smokefree England website for further information.

What is meant by ‘substantially enclosed’?

Premises will be considered to be substantially enclosed if they have a ceiling or roof, but the openings in the walls account for less than 50% of the total wall area.  This includes other structures that serve the purpose of walls and constitute the perimeter of the premises.  Windows cannot be considered part of the wall as they can be opened.

If an area has no roof, smoking will be permitted within it and no further calculations will be needed; provided adjoining walls, structures, doors etc do not restrict air movement.

Businesses

Businesses must:

• display 'no-smoking' signs in smokefree premises and vehicles
• take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smokefree
• remove any existing indoor smoking rooms
• ensure that no one smokes in smokefree premises or vehicles

Work vehicles such as delivery vans, taxis, lorries and public transport vehicles used by more than one person must be smokefree at all times.  They must also display a ‘no smoking’ sign.

Penalties and fines

Local councils are responsible for enforcing the new law in England. If you don't comply with the smokefree law, you will be committing a criminal offence. There are different offences depending on whether you are the person found smoking in a prohibited area, or a business permitting smoking on a restricted part of its premises.

The fixed penalty notices and maximum fine for each offence are:

For individuals:

• Smoking in smokefree premises or work vehicles: a fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.

For businesses

• Failure to display no-smoking signs: a fixed penalty notice of £200 (reduced to £150 if paid in 15 days) imposed on whoever manages or occupies the smokefree premises or   vehicle. Or a maximum fine of £1000 if prosecuted and convicted by a court.
• Failing to prevent smoking in a smokefree place: a maximum fine of £2500 imposed on whoever manages or controls the smokefree premises or vehicle if prosecuted and convicted by a court. There is no fixed penalty notice for this offence.

Smoking Shelters

Smoking shelters are a good way of providing facilities for people to be able to smoke under cover without breaking the law.  They can be found outside a variety of places from factories to pubs. 

If you are considering constructing a smoking shelter however you must consider the following:

• Will it comply with the legislation requiring it to be less than 50% enclosed?
• Where can it be situated in order that it does not cause a nuisance to neighbours?
• Most shelters will require planning permission and some may require buildings regulations approval.  You must ensure you have the correct permissions.
• Am I providing sufficient waste and cigarette bins?
• Will it be fully accessible? E.g. would wheelchairs be able to gain access?
• General maintenance
• Implications for businesses with Premises Licences under the Licensing Act 2003