27th June 2007


 Issue No.  2007/17




We are sure you have been saturated of late (and not just by the floods this week) about the new Smoking Rules but……
The law prohibits smoking in:
  •  Premises that are wholly or substantially enclosed. 
‘Substantially enclosed’ means premises that have a ceiling or roof and the openings in the walls (excluding doors and windows) are less than half the perimeter of the walls.
Exemptions to the above include Hotels, Boarding Houses, Inns or Hostels, Care Homes, Hospices and Prisons which have designated smoking rooms used as accommodation.
  •  Vehicles used by members of the public or section or the public (whether or not for reward or hire); or
  •  Vehicles used for business purposes including light & heavy goods vehicles used by more than one person (even if the person who uses it for such purposes do so at different times, or only intermittently).
Exemptions to the above are privately owned vehicles, not used for work purposes. Company cars can be exempt if only one person is ever going to use the vehicle. (Employers may wish to impose rules restricting smoking in all company vehicles.)
1)      SIGNAGE
Display 'NO SMOKING' signs in smoke-free premises
Signs must be:
  • At least A5 size (210mm x 148mm)
  • Display the international ‘No Smoking’ symbol at least 70mm diameter
  • State: “No smoking: It is against the law to smoke in these premises” (The word ‘premises’ can be changed to the type of business (e.g. this hotel)
Signs should be displayed in a prominent position at every public entrance.
In limited circumstances a sign containing the ‘no-smoking symbol’ alone (i.e. without the wording) “may” be displayed in a prominent position INSTEAD of a no-smoking symbol with wording. This option applies at either:
(a)        an entrance to smoke-free premises from within another smoke-free premises (e.g. a shop within an indoor shopping centre, or an office within a multi-occupancy building);
(b)        an entrance which is solely for workers to enter their place of work, (e.g. employee entrance at rear of the premises) where that place is in premises which have another entrance at which there is displayed in a prominent position a sign with the wording.
Vehicles which are used to transport members of the public and/or used in the course of paid or voluntary work by more than one person (regardless of whether they are in the vehicle at the same time) are required to be smoke free and must display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol and be at least 70mm in diameter.
Take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke-free.
This can be done by implementing a Smoking Policy; ensuring that everyone is aware of the policy by incorporating into an Employee Handbook and/or displaying on a Notice Board. 
3)      ENFORCE
Ensure that no one smokes in smoke-free premises or vehicles.
After 1st July 2007, if a member of staff does not comply with the smoking ban you should:
  • draw the person’s attention to the no-smoking signs and ask them to stop smoking
  • point out that they are committing a criminal offence by smoking in smoke-free premises or vehicle
  • invoke the disciplinary procedure for breaching company rules.
If a customer, visitor or passenger does not comply with this policy you should:
  • draw the person’s attention to the no-smoking signs and ask them to stop smoking or escort them out of the building and direct them to any designated smoking area outside
  • point out that they are committing a criminal offence by smoking in smoke-free premises or vehicle
  • remind the person that under the law you have responsibilities to prevent smoking and that you could both receive a fine.
You may also want to take these supportive measures:
  • remove ashtrays from smoke-free areas
  • provide your staff and customers with support to quit smoking
  • ensure that staff and customers know where they can smoke if they choose to
If your premises are already No-Smoking you will need to ensure that you display the required No-Smoking signs in such a way as to make staff, customers and visitors aware that they must comply with the new smoking laws.
  • Smoking in a smoke-free premises or vehicle: a fixed penalty notice of £50 (discounted to £30 if paid within 15 days from the issue of a notice) or a fine up to £200.
  • Failure to display no smoking signs in smoke-free premises and vehicles: a fixed penalty notice of £200 (discounted to £150 if paid within 15 days from the issue of a notice) or a fine of up to £1000.
  • Failing to prevent smoking in smoke-free premises or vehicle: a fine of up to £2500.




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