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Smoke-free Legislation - Guidance

Business

The Public

 

How it will affect businesses?

In summer 2007 the Health Act 2006 will make virtually all indoor public places and workplaces, including work vehicles smoke-free. It will affect every business in Fareham.

What the new law will do

Smoking will be prohibited in all enclosed or 'substantially enclosed' public places and workplaces by making it an offence to:

  • smoke in smoke-free premises;
  • permit others to smoke in smoke-free premises;
  • fail to display warning notices in smoke-free premises.

It is expected that premises will be considered to be 'substantially enclosed' if they have a ceiling or roof, but there are openings in the walls which are less than half of the total area of the walls. Once the regulations have been formally laid, clear guidance on these definitions will be published.

Which premises are affected?

Smoke-free legislation will affect all premises which:

  • the public has access to: e.g. pubs, clubs, restaurants, cafes, etc;
  • are being used wholly or mainly as a place of work;
  • are being used wholly or mainly for providing education, heath or care services.

'Work' also covers voluntary work, so if a village hall holds an event staffed by volunteers, it would be smoke-free. If the public attended it would be both a workplace and a public place.

 

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What about vehicles?

All vehicles used for public transport e.g. buses, trains and taxis will also be affected by the new law.

 

Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smoke-free at all times. This protects shift and other workers using the same vehicle from the hazards of secondhand smoke.

Are there any exemptions?

Yes. Premises which are used as a full time place of residence for extended periods e.g. private dwellings, residential premises, and adult care homes. Designated rooms in hotels, hostels and bed and breakfast accommodation are exempt since they are places where people live even though they are not private homes.

 

Where smoking cannot take place outside for safety or health reasons, then designated smoking rooms/areas may be allowed. Such exempted places will include prisons and oil rigs.

Penalties

  • smoking in a smoke-free place could lead to a fine of £200 – with a fixed penalty option of £50
  • failure to prevent smoking in a smoke-free place a fine of £2,500
  • signage offences – a fine of £1,000.

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Enforcement

The Council's enforcement staff will work closely with businesses to raise awareness of the implications of the new legislation. This approach will be complemented by inspections which will either be proactive i.e. to confirm compliance; or reactive in response to complaints.

 

Prosecution and the use of fixed penalty notices will be seen as a last resort and used only when the seriousness of the situation warrants.

Is there anything employers and occupiers of premises need to do now?

Although detailed guidance will be provided to employers and occupiers of premises before the regulations come into force, you might want to start thinking about how the new law will affect your business and what you should do in the run up to summer 2007.

 

For example:

  • You may wish to discuss with staff how best to meet their needs within the new legislation.
  • It would also help to review your existing smoking policy in consultation with staff.
  • If you haven't already got a smoking policy, you should consider putting one in place before the 2007 implementation date.
  • Employers may wish to provide external smoking shelters if large numbers of staff are affected.
  • Any shelter must have an opening which is greater than half the area of the walls in order to avoid the shelter becoming 'substantially enclosed' and thereby breaching the regulations.
  • You may also wish to consider providing support to any members of staff who want to quit smoking.

Smokefree England 1st July 2007 – What it means for the public

A law requiring smokefree environments in virtually all workplaces comes into effect 1 July 2007.  It ensures that all workers and members of the public are protected from the harm caused by tobacco smoke.

What workplaces and public places are covered by the legislation?

The new legislation will cover virtually all enclosed and substantially enclosed public places and workplaces, including shops, offices, factories, pubs, restaurants, public transport, and work vehicles used by more than one person.  Indoor workplace smoking rooms will disappear so anyone wishing to smoke will have to go outside instead.

What does ‘substantially enclosed’ mean?

‘Substantially enclosed’ means a structure with a ceiling or roof and surrounded mostly by walls, e.g. tents, marquees, conservatories and many bus shelters. For more information visit the smoke free england website below.

What does the legislation mean for employers?

It requires employers to:

  • Ensure their premises are smokefree.
  • Display ‘No-smoking’ signs in a prominent position at all public entrances. Businesses can register for free signage and guidance at www.smokefreeengland.co.uk (this is an external hyperlink).
  • Take reasonable steps to ensure that customers and staff are aware that the premises are legally required to be smokefree and that everyone complies with the law.

What about entrances to buildings?

Outside areas are not covered by the legislation. However employers may have a policy that smoking is not permitted within a certain distance from outside entrances so that staff and visitors do not have to walk through a cloud of smoke to get into the building.

What can you expect in the following businesses?

  • Hotels, B&Bs, pubs with bedrooms: All public areas, e.g. reception, dining, bar and corridors, will need to be smokefree. The legislation does not require smokefree bedrooms, but if smoking is allowed in a bedroom it needs to be clearly signposted as ‘smoking room’, its ventilation system does not link into smoke-free public areas and have doors fitted with a mechanically closing device to prevent smoke drift. 
  • Taxis, mini cabs, private hire care: smokefree at all times and display no-smoking signage
  • Hair salons: smokefree at all times, including a shop in a person’s home, and display no-smoking signage
  • Shopping malls: totally smokefree including food outlets with no-smoking signage at the entrance to the mall and at the entrances to shops within the mall
  • Work vehicles: smokefree at all time if used by more than one person, even if the person is not in the vehicles at the time and display ‘no-smoking’ signage.  
  • Schools: smokefree in enclosed buildings; schools applying for the National Health School Standard are also required to make their entire site includes grounds smokefree.
  • Pubs: smokefree in the pub itself; smoking will be permitted in outside smoking shelters which meets the local authority’s licensing, planning and highways regulations.

Are there any exemptions?

Private dwellings are not covered by the legislation. Also certain establishments where people live and which are also workplaces e.g. prison cells, hospices and long-stay residential care homes are exempt. However, this does not mean that smoking is allowed throughout the premises. Bedrooms in which smoking is allowed must meet the following conditions:

  • are completely enclosed, except for windows / doors, on all sides by solid floor to ceiling walls
  • do not have a ventilation system that ventilates into any other smokefree part of the premises
  • if a door opens onto a smokefree landing,  the door needs to be fitted with a mechanical closing device to prevent smoke drift.  
  • Is clearly marked as a room in which smoking is permitted.

If the policy does not allow smoking in bedrooms, then employers can identify a designated smoking room but it must meet the conditions described above.  It also will be up to the management to decide if visitors can smoke in smoking rooms. The smoking rooms are not to be used by staff. There is no obligation for employers of exempt places to have ‘smoking rooms’ if they do not wish to.

What are the penalties for non-compliance?

For those who have management responsibilities:

  • Failure to display minimum no smoking signs: up to £1000 or £200 fixed penalty notice
  • Failing to prevent smoking in a smokefree place: up to £2500.

For individuals

  • Smoking in a no-smoking place: up to £200 or a penalty notice of £50

Do employers have to provide smoking breaks or outside smoking areas?

No on both counts. By law, employers must give staff an uninterrupted rest break of 20 minutes when their daily working time is more than six hours. Staff can, of course, smoke during their rest period, if they choose, but they must not smoke in an enclosed or partially enclosed area. As an employer you might like to decide where smoking is allowed elsewhere on your premises e.g. in open car parks, grounds, or shelters. 

Is there help for staff to stop smoking?

The NHS offers a wide range of excellent, free and easily accessible support for smokers including local Stop Smoking Services, the Together Programme, the NHS Smoking Helpline on 0800 169 0169 and nicotine replacement therapy (NRT) on prescription. Information about your local NHS Stop Smoking Services found at www.gosmokefree.co.uk (this is an external hyperlink).

For further help or guidance

Further information can be obtained from:

If you would like to discuss any of the above or other issues surrounding the Smoke Free Legislation please email us at regulatory@fareham.gov.uk or telephone on 01329 236100.