The law on smoking in England
This information is to advise business operators of the requirements of the new smokefree legislation.
You may find the following questions and answers useful.
Answers
All enclosed workplaces and most public places across the country are now required to be completely smokefree.
Smoking is prohibited in restaurants, shops, shopping centres, bars, clubs and pubs, as well as offices, factories, work transport and any public transport including taxis and private hire vehicles.
This means that previously designated ‘smoking rooms’ are no longer allowed and vehicles used for business purposes are also covered by the new law.
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Yes. There are limited exemptions for premises that act as ‘private dwellings’ such as residential care homes and adult hospices together with other premises such as prisons, designated hotel rooms and some private vehicles.
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No. The law prohibits smoking in public places or working areas only where they are 'wholly or substantially enclosed'.
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A premises will be considered 'wholly' enclosed if they have a ceiling or roof and are completely enclosed (except for doors, windows and passageways), whether on a permanent or temporary basis.
Premises are 'substantially' enclosed if they have a ceiling or roof, but there are permanent openings in the walls, which are less than half of the total areas of the walls.
In determining this area, no account can be taken of openings such as doors and windows which can be open or shut. This is known as the 50% rule.
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Canvas awnings, tents and marquees, or similar structures, will also be classified as enclosed premises if they fall within the definition.
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It is suggested the best way to communicate the new law and all its implications will be to develop and implement a simple, written, smokefree policy similar to those developed for other health and safety matters.
The National Clean Air Award is a Roy Castle Lung Cancer Foundation initiative established to support the implementation of smokefree work and public places. Visit the National Clean Air Award website or Phone: 0871 220 5491 for free advice.
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Yes. All smokefree premises and vehicles have to display correct signage.
All entrances to smokefree premises must have an A5 size no-smoking sign displaying the international no-smoking symbol (at least 70mm in diameter) together with the wording 'it is against the law to smoke in these premises'.
Smaller signs are required at staff entrances.
Small signs must also be displayed in vehicles that are used primarily for the purpose of business. These must display the international no-smoking symbol only and must also be a minimum of 70mm in diameter.
All signage is available, for free, upon request from Smokefree England.
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The Local Authority enforces the new law. This is undertaken by enforcement officers and environmental health officers.
Compliance checks are carried out as well as the investigation of any complaints.
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Failure to comply with the law is a criminal offence.
Individuals can be issued a fixed penalty of £50 (reduced to £30 if paid within 15 days), for smoking in a smokefree premise.
The manager or person in control of any smokefree premise could be issued a fixed penalty of £200 (reduced to £150 if paid within 15 days), for failing to display warning notices in smokefree premises.
Managers, or those in control of the smokefree premise, could also be prosecuted for allowing others to smoke with a fine of up to £2500.
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Clearly, there are many benefits to the new legislation including:
- reduced exposure to second-hand smoke and proven associated health risks
- reduced employer’s costs in terms of productivity and absenteeism
- increased non-smoker business.
It is estimated that thousands of lives will be saved over the next decade because of the smokefree legislation.
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Yes. The PCT run support groups and most GP surgeries have trained staff that can offer one to one appointments. Some pharmacists also offer support to quit.
If you would like advice and guidance on how to give up smoking, contact Wolverhampton Stop Smoking Service on:
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The Department of Health Smokefree England website and information line will provide information to businesses on Freephone: 0800 1691697.
Alternatively, you may wish to contact City Direct on 01902 551155.
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