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
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